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Sewa Ram v. State Public Service Tribunal And Others - WRIT - A No. 33648 of 2007 [2007] RD-AH 12859 (25 July 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Ashok Bhushan, J.

Vakalatnama has been filed by Sri Anuj Kumar on behalf of the petitioner no.2.

Heard counsel for the petitioners. Sri K. S. Kushwah appears for the respondents No. 3 and 5. Learned standing counsel appears for the respondents No. 1 and 2. No notice is issued to respondent no. 4 in view of the order which is sought to be passed.   Liberty is reserved to the respondents No. 4 to move an application for revocation, clarification, variation and modification  of  the order  if they feel so aggrieved.  

By this writ petition the petitioner has prayed for mandamus directing the respondents to allow the petitioners to pass a resolution for   appointment on the post of Shiksha Mitra. Petitioner's case is that the respondent no. 4 who was earlier working as Shiksha Mitra has been decided to be discontinued. A resolution is said to have been passed  on 1.7.2006 by the Gram Shiksha Samiti deciding to remove the respondent no. 4. The said resolution came to the District Magistrate.  The letter dated 24.1.2007 has been filed which was submitted to the District Magistrate by the Gram Shiksha Samiti stating that the Gram Shiksha Samiti be permitted to pass  resolution for appointment of Shiksha Mitra.   No decision has yet been taken by the District Magistrate on the resolution dated 1.7.2006.

In view of the facts of the case, ends of justice be served in disposing of the writ petition directing the District Magistrate to consider and take appropriate decision on the resolution dated  1.7.2006 as submitted to the District Magistrate after giving opportunity to the respondent no. 4 in accordance with law.  The said decision be taken expeditiously preferably within a period of three months from the date of production of a certified copy of this order.

With the above observations the writ petition is disposed of.    




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