Court No. - 38 Case :- WRIT - A No. - 41422 of 2010 Petitioner :- Smt. Sunita Yama Respondent :- State Of U.P. And Others Petitioner Counsel :- Ajay Vikram Yadav,Birendra Singh Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard the learned counsel for the petitioner and the learned
Standing Counsel.
The petitioner is aggrieved by the order impugned dated 5.7.2010
shifting the petitioner to another place in view of the fact that only
25 vacancies are sanctioned and 30 persons are working, therefore,
salary to 5 persons cannot be drawn being the excess sanctioned
post. According to the petitioner this fact regarding sanction of the
post is not correct and there are 30 sanctioned post. Further
submission has been made that persons who are working from 10
to 15 years, have not been shifted but the petitioners have been
directed to report another place.
I am of view that the controversy regarding sanction of post at the
present moment cannot be decided by this Court at this stage
unless and until the version of the respondents comes or a liberty
can be given to the petitioner to approach the competent authority
for raising her grievance by submitting a representation annexing
all the relevant documents. The petitioner has submitted that she
will approach respondent no.2 within a period of two weeks. As
such respondent no.2 may be directed to consider the issue. In
view of the aforesaid fact and circumstances, this writ petition is
disposed of directing the petitioner to approach respondent no.2 by
making a detailed representation annexing all the relevant
documents. If such representation is filed, respondent no.2 is
directed to decide the same according to law regarding grievance
of the petitioner by a speaking and reasoned order within a period
of 6 weeks from the date of production of certified copy of the
order.
The writ petition is disposed of accordingly.
No order is passed as to costs.
Order Date :- 19.7.2010
V.Sri/-