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Bans Narayan v. State Of U.P. Thru' D.M. And Others - WRIT - A No. 71640 of 2005 [2005] RD-AH 6116 (22 November 2005)


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                                                                                                             Court no. 7

                    Civil Misc. Writ Petition No. 71640 of 2005

      Bans Narayan                Versus             State of U.P. and others

Hon'ble Rakesh Tiwari,J.

Heard counsel for the parties and perused the record.

The petitioner was appointed as Chawkidar in Nagar Panchayat, Ghoshiya, Sant Ravidas Nagar on 30.5.1986.  By order dated 8th May, 2001 the petitioner was directed to look after the clerical work being performed by Sri Dudh Nath, permanent clerk of the Panchayat who  was not disciplined and was irresponsible.

       The petitioner has filed this writ petition with the prayer that respondent no. 2, Chairman, Nagar Panchayat, Ghoshiya, Sant Ravidas Nagar be directed to promote the petitioner to class III post in conformity with the G.O. dated 4.12.2001 as he has been officiating on class III post and further respondents may be commanded to pay his salary in accordance with law. The aforesaid G.O. dated 4th December, 2001 which has been appended as Annexure-1 to the writ petition, is with regard to the promotion from amongst the class IV employees to the extent of 15% to the post of Clerk within the ambit of restrictions mentioned therein.

       From Annexure-6 to the writ petition, it appears that the petitioner was not promoted to the post of Clerk but was directed to look after the work of Sri Dudh Nath.

There is no material before this Court whether there is any vacancy of clerk in Nagar Panchayat or whether Sri Dudh Nath is now again working on the post of Clerk on which he was earlier working or any other clerk has been appointed on that post. There is also no material as to number of vacancies existing at present for applicability of G.O. dated 4.12.2001. The eligibility and suitability of the eligible employees viz-a-viz vacancies in accordance with procedures and rules for promotion have to be seen, as such prayer made by the petitioner requiring factual findings of facts can not be granted by this Court under Article 226 of the Constitution of India.

          The counsel for the petitioner has come out with a prayer at this stage that a direction may be issued to respondent no .2 to decide the representation of the petitioner dated 22.8.2003 (Annexure-6 to the writ petition) within a time frame fixed by this Court.

          The standing counsel has no objection to this prayer.

           In the circumstances, the petition is disposed of finally with a direction to respondent no. 2 to decide the aforesaid representation of the petitioner by a reasoned and speaking order, in accordance with law, within a period of six weeks from the date of submission of a certified copy of this order.

        The petitioner shall file a certified copy of this order before respondent no.2 within 15 days from today.

Dated 22.11.2005



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