The Court granted liberty to the petitioner to make a fresh representation to the Executive Officer for appointment and salary, directing a decision within six weeks, and disposed of the writ petition.
Petitioner granted liberty to make a fresh representation to the Executive Officer; decision to be passed within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:6055
Court No. - 17
Case :- WRIT - A No. - 391 of 2024
Petitioner :- Nihal Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Nagar Vikas And 2 Others Counsel for Petitioner :- Riyaz Ahmad Counsel for Respondent :- C.S.C.,Hemendra Kumar Bhatt
Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties 1 and 2 and Mr. H.K. Bhatt learned counsel for opposite party No.3.
Petition has been filed seeking a direction to the competent authority to appoint petitioner on a class III post as similarly situated persons so appointed. Further prayer for payment of salary to petitioner as a contractual employee has also been sought.
Learned counsel appearing on behalf of petitioner has submitted that initially petitioner was engaged in service on outsourcing basis such as persons who have been indicated in prayer No.1 namely Kamlesh, Manoj Dubey and Mohd. Kasim but although aforesaid persons have been offered contractual appointment within department itself, petitioner is still continuing on outsourcing basis.
Since consideration of petitioner's grievance would entail factual aspects, liberty is granted to petitioner to make a fresh representation before the opposite party No.3 i.e. Executive Officer, Nagar Palika Parishad, Mahmudabad, Sitapur who may consider and decide the same in accordance with law within a period of six weeks from the date a certified copy of this order is submitted before said authority.
With the aforesaid directions, the writ petition stands disposed of.
Order Date :- 22.1.2024 prabhat
Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petitioner should be appointed on a class III post and paid salary as a contractual employee like similarly situated persons.
Nihal Ahmad
State Of U.P. Thru. Prin. Secy. Nagar Vikas
Executive Officer, Nagar Palika Parishad, Mahmudabad
Manish Mathur
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
