Court dismissed writ petition seeking renewal of engagement as a driver. Renewal denied for 2019-20 and 2020-21 due to non-submission of required Proforma-1 information. Petitioner permitted to apply for 2021-22 engagement.
No renewal granted; petitioner permitted to apply afresh for 2021-22 engagement after completing formalities.
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Court No. - 36
Case :- WRIT - A No. - 9147 of 2020
Petitioner :- Jagdish Chandra Dwivedi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudeep Dwivedi Counsel for Respondent :- C.S.C.,Pankaj Rai
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner, Sri Pankaj Rai learned counsel has put in appearance on behalf of respondent no. 2 and learned Standing Counsel appears for the remaining respondents.
The petitioner is seeking a writ of mandamus commanding the respondent to consider his claim for renewal of engagement on the post of Driver in the National Aids Control Programme in the State of U.P. conducted through the State Aids Control Organizations.
The contention is that the petitioner had been engaged in the year 2012 on the post of B.T.V. Driver in Blood Bank, Mirzapur, District Hospital and had been working as such till the year 2018-19. However, renewal of his engagement has not been done in the year 2019-20 and on the complaint made by the petitioner, an enquiry was conducted.
The written instructions received by learned Standing Counsel and from a perusal of page '29' of the paper book, it appears that the renewal of engagement of the petitioner for the year 201920 could not be done as he did not submit the requisite information in the Proforma-1, which he was supposed to fill for submitting the application for renewal. As the requisite formalities had not been completed by the petitioner, the renewal could not be done.
This Court though does not find any reason to take any exception to the stand taken by the respondents as the petitioner could not assail the averments in the report dated 4/8.4.2019 which is at page '29' of the paper book.
The prayer for renewal for the year 2019-20 can also not be accepted for the said reason though the present writ petition has been filed in the month of September, 2020. The year 2020-21 has also gone by.
However, it is provided that in case, the petitioner moves a
proper application by completing requisite formalities for engagement in the year 2021-22, his claim be considered in accordance with law.
The writ petition is, accordingly, disposed of .
Order Date :- 28.1.2021 Brijesh
1 issue framed by the court
Whether the petitioner was entitled to mandamus commanding renewal of engagement after failure to submit requisite information in the Proforma-1 and expiry of the engagement year.
Jagdish Chandra Dwivedi
State Of U.P.
Sunita Agarwal
As recorded by the court registry
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