Allahabad High Court
Radhe Shyam vs State Of U.P. And Others on 4 August, 2010
Author: Arun Tandon
Bench: Arun Tandon
Court No. - 18 Case :- WRIT - A No. - 45647 of 2010 Petitioner :- Radhe Shyam Respondent :- State Of U.P. And Others Petitioner Counsel :- B. M. Chaturvedi Respondent Counsel :- C. S. C.,J. P. Singh Hon'ble Arun Tandon,J.
Heard learned counsel for the parties.
Counsel for the parties agree that the present writ petition may be disposed of without calling for any further affidavits specifically in view of the order proposed to be passed today. The District Inspector of Schools under the impugned order dated 17.07.2010 has recorded that since no resolution has been received from the institution qua promotion on Class III post, orders are being issued for promotion of Mahendra Yadav, Class IV employee of the institution on the post of Clerk. The order is being challenged on the ground that the order has been passed without notice and opportunity of hearing to the petitioner, who is the senior most Class IV employee in the institution. Since the appointing authority has to take a decision qua promotion at the first instance and the District Inspector of Schools has to consider the matter of approval only. Shri J.P. Singh, counsel for the respondent no. 5 states that an Authorized Controller is working in the institution and he has forwarded a letter stating that respondent no. 5 is the senior most eligible Class IV employee, therefore, his claim for promotion may be considered. It is further stated that the petitioner is not qualified for the post of Clerk.
Be that it may, no orders can be passed without affording opportunity of hearing to the petitioner who is admittedly the senior most Class IV employee in the institution. In the facts and circumstances of the case, I am of the considered opinion that interest of justice would be served by providing as follows :
"The order of the District Inspector of Schools dated 17.07.2010 shall not be given effect. The Authorized Controller working in the institution may examine the claim of the petitioner and respondent no. 5 for promotion on the post of Clerk, after affording opportunity of hearing to them, within four weeks from the date a certified copy of this order is filed before him. The District Inspector of Schools shall take appropriate action on the paper to be forwarded to him after decision is so taken, without any delay".
Writ petition is disposed of.
Dated : 04.08.2010 VR/45647/10