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Uttarakhand High Court

Munna Singh vs Krishak Inter College & Ors. on 28 July, 2015

Author: Alok Singh

Bench: Alok Singh

WPSS No. 1111 of 2003
Hon'ble Alok Singh, J.

Mr. M.S. Tyagi, Advocate for the petitioner.

Mr. A.K. Joshi, Addl. C.S.C. for the State/respondents no.1 to 3.

Mr. Sanjeev Singh, Advocate for respondent no.4.

CLMA No. 13659 of 2014 Mr. A.K. Joshi, learned Addl. C.S.C. for the respondents no. 1 to 3 and Mr. Sanjeev Singh, learned counsel for respondent no.4 have no serious objection if delay in moving the restoration application is condoned.

For the reason stated in the application, same is allowed. Delay in moving restoration application is condoned.

MCC No. 887 of 2014 From the perusal of accompanying affidavit, I am satisfied that order dated 09.07.2012 should be recalled and writ petition should be restored to its original number. Therefore, for the reason stated in the application, order dated 09.07.2012 is recalled. Writ petition is restored to its original number.

WPSS No. 1111 of 2003 Mr. Sanjeev Singh, learned counsel appearing for respondent no. 4, submits that respondent no.4 has retired on 31.07.2011 on attaining the age of superannuation.

The grievance of the petitioner in the present petition is that ignoring the eligibility and seniority of the petitioner, respondent no. 4 was wrongly given promotion to the post of Lecturer (Hindi).

Mr. A.K. Joshi, learned Addl. C.S.C. appearing for the respondents no. 1 to 3, submits that since respondent no.4 has retired on 31.07.2011, therefore, candidature of the petitioner for the promotion to the post of Lecturer (Hindi) can be considered in accordance with law. He further contends that let petitioner move a representation before the Authorized Controller of the Krishak Inter College, Raisi, Haridwar within ten days from today with advance copy to the District Education Officer, Haridwar, whereupon, appropriate decision, in accordance with law shall be taken within next thirty days.

Mr. M.S. Tyagi, learned counsel appearing for the petitioner, submits that present petition may be disposed of in the light of the statement made by Mr. A.K. Joshi, learned Addl. C.S.C. for the respondents No. 1 to 3.

Order accordingly.

(Alok Singh, J.) 28.07.2015 JM/