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Gyan Singh v. State Of U.P. Thru' Secretary Local Self Govt. U.P. And Ors. - WRIT - A No. 77568 of 2005 [2005] RD-AH 8074 (23 December 2005)


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 Vineet Saran,J

Heard learned counsel for the petitioner as well as learned Standing Counsel for Respondent no.1. Considering the nature of the order which is being passed, notices to the Respondent nos. 2 and 3 are not being issued. However, in case if the said respondents are so aggrieved, they may file an application for recall, modification or variation of this order.

It is the case of the petitioner that he was appointed as a Chaukidar on 31.7.1997 in the Nagar Panchayat Purdil Nagar, District Mahamaya Nagar  on temporary basis. Thereafter on 10.7.2002 he was made permanent on the post of Peon/Chaukidar. Then by order dated 30.10.2004 the petitioner was promoted as Tax Collector. It has been submitted by the learned counsel for the petitioner that from November, 2004 till April, 2005 the petitioner was paid his salary of the post of Tax Collector but thereafter the respondent-Nagar Panchayat is only paying the salary of a Chaukidar to the petitioner. The contention of the petitioner is that although specific order of promotion has been passed in his favour but without there being any order either reverting him to the post of Chaukidar or reducing his salary, the respondent-authorities have stopped paying the salary of the post of Tax Collector to the petitioner. It has further been submitted that with regard to such grievances the petitioner has made several representations before the respondent-authorities which are still pending.

Having heard learned counsel for the parties and considering the facts and circumstances of this case, this writ petition is disposed of with the direction that in case if with regard to the grievances made in this writ petition, the petitioner files a fresh comprehensive representation before Adhishashi Adhikari/Executive Officer, Nagar Panchayat, Purdil Nagar, District Mahamaya Nagar, Respondent no.3, alongwith a certified copy of this order, the same shall be considered and decided by the said respondent, in accordance with law, after giving opportunity of hearing to the petitioner expeditiously, preferably, within a period of two months from the date of filing of the same.

With the aforesaid observation/direction this writ petition is disposed of. No order as to cost.



w.p. 77568.05


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