Petitioner sought mandamus for approval of his appointment as Assistant Clerk. Court directed the second respondent to pass a speaking order on submitted documents within eight weeks without expressing opinion on merits.
Mandamus directing the second respondent to pass a speaking order on basis of documents submitted within eight weeks.
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Court No. - 19
Case :- WRIT - A No. - 8587 of 2019
Petitioner :- Surendra Kumar Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R. K. Singh Kaosik Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The sole relief claimed in the instant petition is for issuing a mandamus commanding respondent no.2 to grant approval to appointment of the petitioner on the post of Assistant Clerk in Gram Vikas Inter College Khutahan, Jaunpur, a recognised institution under the U.P. Intermediate Education Act, 1921.
According to the petitioner, there are six sanctioned posts of Assistant Clerk in the institution. The post against which he has been appointed, had fallen vacant consequent to retirement of Babu Ram Yadav on 31.3.2017. It is stated that the Management had forwarded the entire document to respondent No.2 alongwith covering letter dated 25.1.2019, but no decision has been taken in the matter.
Learned standing counsel appearing on behalf of the Staterespondents states that decision would be taken within such time as may be directed by this Court.
Accordingly, without expressing any opinion on merit, the instant petition is disposed of with direction to the second respondent to pass a speaking order on basis of documents submitted by the Management alongwith cover letter dated 25.1.2019, expeditiously, preferably within a period of eight weeks from the date of receipt of certified copy of this order.
(Manoj Kumar Gupta, J.)
Order Date :- 24.5.2019
skv
2 issues framed by the court
Whether the respondent must approve the petitioner's appointment as Assistant Clerk in the petitioner's own institution.
Whether an order to pass a speaking order expeditiously under Article 226 is warranted in the absence of a departmental decision.
1 provisions across 1 enactments
Surendra Kumar Yadav
State Of U.P.
2 Others
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
