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Krishna Veer Sharma v. State Of U.P. And Others - WRIT - A No. 31945 of 2007 [2007] RD-AH 12232 (18 July 2007)


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Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner. The petitioner is permitted to implead Prabandh Sanchalak as  respondent No. 4 in the writ petition.

By this writ petition the petitioner has prayed for a writ of mandamus directing the respondents to consider the petitioner's case for  promotion on the post of clerk.  

Petitioner's case in the writ petition is that he is working as Daftari from 2003 and the post of clerk  has fallen vacant due to retirement of Omkar Singh Tyagi on 8th May, 2003.  Petitioner's case is that he has submitted an application to the Prabandh Sanchalak/ District Inspector of Schools on 18th May, 2007 for promotion. Copy of the said application is filed as Annexure-5 to the writ petition.  The question as to whether the post of clerk which has fallen vacant is in promotion quota  and who is eligible for promotion are questions of fact which has to be considered by the Management.  Learned counsel for the petitioner submitted that the District Inspector of Schools is functioning as Prabandh Sanchalak.

In view of above, ends of justice be served in disposing of the writ petition directing the Prabandh Sanchalak consider and take decision on the representation of the petitioner expeditiously.  It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner and it is for the Prabandh Sanchalak/ District Inspector of Schools to take decision in accordance with law.  

With the above observations the writ petition is disposed of.    




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