Court remanded matter to Zila Panchayat authorities to decide petitioner's promotion claim after hearing junior promoter Gevendra Kumar Singh via reasoned order within four months.
Writ of mandamus issued to decide petitioner's promotion representation after hearing Gevendra Kumar Singh within four months via reasoned order.
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Court No. - 16
Case :- WRIT - A No. - 23051 of 2018
Petitioner :- Mool Chand Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Kumar Mishra Counsel for Respondent :- C.S.C.,Saurabh Tiwari
Hon'ble Ajay Bhanot,J.
Heard Sri Shashi Kumar Mishra, learned counsel for the petitioner, Sri Saurabh Tiwari, learned Standing Counsel for the respondent No.1-State and learned counsel for the respondent No.2.
The petitioner was appointed as Bearer in the respondent-Zila Panchayat on 6.7.1985.
The submission of Sri Shashi Kumar Mishra, learned counsel for the petitioner is that the promotional avenue for the post of bearer is junior clerk as per the service rules. It is further contended that the petitioner is entitled to the promotion as he satisfied the eligibility criteria for promotion. However, the claims of the petitioner have been overlooked and a person junior to the petitioner, one Gevendra Kumar Singh has been promoted as junior clerk. The petitioner is aggrieved by his super-session and non-consideration of his claim for promotion. The petitioner has made a representation to the respondent No.2 in this regard. The only submission made by the learned counsel for the petitioner at this stage is that the aforesaid representation
and the claim of the petitioner may be decided by the competent
authority.
Learned counsel for the respondent No.2 does not have any serious objection to the aforesaid issue. However, he submits that the eligibility of the petitioner to be so promoted has to be verified by the competent authority. He further contends that the respondent No.3 has to be heard before any decision can be taken on the claim of the petitioner.
No useful purpose will be served upon keeping the writ petition pending. With consent of the parties, the writ petition is being finally disposed of.
The matter is remanded back to the respondent No.2 for consideration of the claim of the petitioner. A writ of mandamus is issued to the respondent No.2 commanding him to decide the representation of the petitioner regarding his claim for promotion to the post of junior clerk. The representation shall be decided after giving due opportunity of hearing to the respondent No.3, Gevendra Kumar Singh. The representation shall be decided by a reasoned and speaking order in accordance with law, within a period of four months from the date of receipt of such representation along with a certified copy of this order.
The Court has not gone into the veracity of the assertions in the
writ petition nor has the claim of the petitioner been judged on
merits. It is for the competent authority to do so after
independent application of mind.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 27.10.2018 Ashish Tripathi
2 issues framed by the court
Whether the petitioner representing the Zila Panchayat as Bearer is entitled to promotion to Junior Clerk based on service rules.
Whether the competent authority must hear Gevendra Kumar Singh before deciding the petitioner's promotion claim.
Mool Chand
State Of U.P.
2 Others
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
