Allahabad High Court
Mohammad Javed vs State Of U.P. And 5 Others on 14 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 37 Case :- WRIT - A No. - 177 of 2023 Petitioner :- Mohammad Javed Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Deepak Kumar Tripathi,Akhilesh Kumar Tripathi Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Vikram D. Chauhan,J.
The writ petition is filed with the following prayers:-
"i) issue a writ, order or direction in the mandamus commanding and directing the respondent concern to appoint the petitioner on the post of Panchayat Assistant/Data Entry Operator in Gram Panchayat Padariya, Block Mehdawal, District Sant Kabir Nagar in view of merit/select list.
ii) issue a writ, order or direction in the mandamus commanding and directing the respondent No. 2/District Magistrate, District Sant Kabir Nagar to decide representation of petitioner dated 21.12.2022 within stipulated period which is pending before the respondent No. 2 (Annexure No. 4 to the writ petition)."
It is submitted by learned counsel for the petitioner that the petitioner had applied for appointment on the post of Panchayat Assistant/Data Entry Operator and his name was found at Sl. No. 1 of the merit list, however, no appointment was granted.
Learned Standing Counsel for the State submits that although the proceedings for selection was held, however, the same was not approved by the Gram Panchayat and was not processed. He submits that a new vacancy has already been advertised.
Sri Pankaj Kumar Gupta, learned counsel appearing for respondent no. 6 submits that the name of the petitioner has already been sent for the newly advertised vacancy for the year 2023.
It is to be seen that in year 2022 the selection proceedings were held, however, the same could not completed and as such the approval was not made for the selection of the petitioner. Even in respect of the 2023 vacancy, as per counsel for respondent no. 6, the name of the petitioner has been forwarded for being selected.
Considering the stand taken by the parties, it is hereby provided that the District Magistrate-respondent no. 2 shall consider the claim of the petitioner in accordance with law and decide the representation dated 21.12.2022 within a period of one month from the date of production of certified copy of this order. In case any approval proceedings for the appointment of the petitioner are pending, the same would be considered and decided by the appropriate authority without delay.
With the aforesaid observation/direction, writ petition is disposed of.
Order Date :- 14.3.2023 VMA