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Bharat Kumar Dubey v. State Of U.P. And Others - WRIT - A No. 11253 of 2006  RD-AH 4288 (23 February 2006)
HON. ARUN TANDON, J.
Shri M.A.Qadeer has been heard on behalf of the respondents.
Under the order of the Director Local Bodies, U.P. Lucknow dated 12.12.2005 the petitioner was relieved from the post of Lekhakar Grade I, on the ground that after reshuffling the petitioner has been found suitable for being appointed on a higher post namely Excise Inspector. Counsel for the petitioner submits that he has not been offered appointment as Excise Inspector on the ground that certain physical essential qualification could not be achieved by the petitioner. Petitioner submits that in case he is not eligible for the post of Excise Inspector he is entitled to be appointed against some other post having regard to the merits secured in the selections.
In the facts and circumstances of the case this writ petition is disposed of with liberty to the petitioner to file representation ventilating his grievances before the Principal Secretary(Personnel) U.P., Lucknow, within two weeks along with a certified copy of this order.
On such a representation being made the concerned authority shall ensure that suitable appointment is being offered having regards to the merits secured by the petitioner and for said purpose he shall pass a reasoned speaking order.
The Secretary shall also pass appropriate orders in respect of the period during which the petitioner has not been permitted to discharge his duties for being treated as period spent on duty.
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