Court No. - 6
Case :- WRIT - A No. - 8355 of 2021 Petitioner :- Sonu Kumar Respondent :- State Of U P And 6 Others Counsel for Petitioner :- J.P. Singh,Pushpendra Singh Yadav Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
The present petition has been filed alleging that the petitioner and the respondent no. 6 working as Class-IV employees claim for promotion, which occurred on account of vacancy in Class- III post on account of retirement of Shri Ashok Kumar Mishra, in whose place one of the other two clerks were promoted and thus the vacancy arose in the Institution on a clerical post. It is on record that after considering the matter, an order came to be passed 23.12.2020, promoting the petitioner as a Clerk. Subsequently, it appears that a representation was filed by the respondent no. 6 and in pursuance to the said representation, an order was passed on 29.12.2020 calling upon the parties to appear for a decision and the recommendation of the earlier order dated 23.12.2020 was stayed.
It is argued that the DIOS is still seized of the matter and no decision has been taken in pursuance to the said order dated 29.12.2020. The petitioner claims that only the petitioner who was entitled for promotion and not the respondent no. 6, however, the DIOS, the respondent no. 3, is seized of the matter.
Without going into the merits of the claim of the petitioner or the respondent no. 6 at this stage, I deem it appropriate to direct the respondent no. 3, DIOS, Agra to take a decision, which was initiated by the letter dated 29.12.2020 on the representation of the respondent no. 6, as expeditiously as possible, preferably within a period of two months from the date of production of a copy of this order before the respondent no. 3. Needless to say that the petitioner as well as the respondent no. 6 shall be accorded due hearing prior to passing of final order, as directed above.
The writ petition stands disposed off.
Copy of the order downloaded from the official website of this Court shall be treated/accepted as certified copy of this order.
Order Date :- 30.7.2021 S. Rahman