Court No. - 26 Case :- WRIT - A No. - 1240 of 2010 Petitioner :- Sudesh Kumar Respondent :- State Of U.P. & Others Petitioner Counsel :- Vinod Sinha,Mahesh Sharma Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard the learned counsel for the petitioner and the learned
Standing Counsel.
The claim of the petitioner in the present writ petition is relating
to promotion on the post of clerk in the institution. The contention
of the petitioner is that the petitioner who is eligible to be
promoted on the post of clerk due to retirement of one Rajesh
Chandra Gupta on 31.12.2009, as there are only 4 sanctioned posts
in the college, therefore, according to the well settled principle no
reservation can be applied, in spite of the aforesaid fact, the
decision has not yet been taken by the respondent. The petitioner
has submitted a representation to the District Inspector of Schools
dated 2.1.2010 , Annexure-4 to the writ petition.
In such circumstances, after hearing the learned counsel for the
parties, this writ petition is being disposed for finally directing the
District Inspector of Schools to take a decision relating to the
promotion of the petitioner and pass a detailed and reasoned order
strictly in accordance with law after following the reservation
policy within a period of two months from the date of production
of certified copy of the order before him.
The writ petition is disposed of accordingly.
No order is passed as to costs.
Order Date :- 12.1.2010
V.Sri/-