Court No. - 35 Case :- WRIT - A No. - 44121 of 2001 Petitioner :- Siya Ram Respondent :- State Of U.P. & Others Petitioner Counsel :- Dr. Suhail Hamid Siddiqui,Dharm Raj Cahudhary,Indra Raj Singh Respondent Counsel :- C.S.C. Hon'ble Vineet Saran,J.
Hon’ble Ran Vijai Singh,J.
The petitioner is a confirmed registration clerk working in the Registration
Department. Being the senior most registration clerk, in the absence of the
Sub Registrar, he was given charge of Sub Registrar, Mehrauni, District
Lalitpur. By order dated 13.11.2001, which is impugned in this writ petition, a
regular Sub Registrar, the respondent No.5, has been posted there. It is this
order which is under challenge in this writ petition.
Learned counsel for the petitioner could not show us any statutory provision
which may make him entitled to continue as Sub Registrar. We are of the
view that as he was officiating as Sub Registrar, he has no right to continue on
the said post, particularly in the circumstances when regular person has
joined.
In the last, learned counsel for the petitioner has submitted that pursuant to the
interim order passed by this Court, neither the petitioner has been permitted to
continue as Sub Registrar nor to work on his original post of registration
clerk, therefore, direction may be issued by this Court to the respondents to
permit the petitioner to work on the post of the registration clerk.
Although there is no such prayer in the writ petition, but considering the facts
and circumstances of the present case, it is provided that with respect to his
oral prayer as made by the learned counsel for the petitioner, it is open to the
petitioner to file an appropriate application for redressal of his grievance
before respondent No. 2 along with a certified copy of the order of this Court.
In case such an application is filed, that may be considered and decided by
passing a reasoned speaking order expeditiously, preferably within a period of
two weeks.
Subject to above observations, this writ petition is disposed of.
Order Date :- 2.7.2010
AKSI