Court No. - 36
Case :- WRIT - A No. - 15023 of 2021 Petitioner :- Siya Ram Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Rajesh Yadav Counsel for Respondent :- C.S.C.,Arun Kumar Pandey
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondents no.1 to 3.
The petitioner by means of present writ petition has prayed for following relief:-
"I. Issue a writ, order or direction in the nature of Mandamus directing the Respondent No.3/District Panchayat Raj Officer (D.P.R.O.), Rampur to issue appointment letter on the post of Panchayat Sahayak/Account-Cum- Date entry Operator in Gaon Sabha Divya Nagla, Post Office Rawana, Tehsil Shahbad, District Rampur."
This Court on 15.11.2021 passed the following order:-
"Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
Learned counsel for the petitioner has submitted that petitioner has been appointed for the post of Panchayat Sahayak/Account-cum-Data Entry Operator in Divya Nagla, Post Office Rawana, Tehsil-Shahbad, District- Rampur. However, till date he has not been issued appointment letter.
Learned Standing Counsel prays for and is granted two weeks' time to seek instructions as to why the appointment letter has not been issued to the petitioner.
Put up this case on 15.12.2021, as fresh."
Sri V.B. Yadav, learned Standing Counsel, on instructions, states that the concerned Panchayat belongs to Scheduled Castes whereas the petitioner belongs to Other Backward Class. It is further submitted that on verification, the caste certificate of the petitioner is found to be Scheduled Caste, therefore, he could not be selected. The instructions are taken on record.
Be that as it may, the question as to whether the petitioner belongs to Other Backward Class or Scheduled Castes can be looked into by the competent authority.
Accordingly, considering the facts and circumstances of the case, without going into merits of the case and with the consent of the parties, the writ petition is disposed of with direction to the petitioner to file a fresh representation before the respondent no.2-District Magistrate, District Rampur, raising all his grievances within a period of two weeks from today. In case any such representation is filed, the respondent no.6 shall consider and decide the same by a reasoned and speaking order within a period of two months thereafter.
With the aforesaid observations, the writ petition is disposed of. Order Date :- 20.12.2021 SS