Court No. - 38 Case :- WRIT - A No. - 32723 of 2010 Petitioner :- Abhishek Mishra Respondent :- State Of U.P. And Others Petitioner Counsel :- V.K. Dixit Respondent Counsel :- C.S.C.,Mahesh Narain Singh Hon'ble Shishir Kumar,J.
Petitioner is aggrieved by the order impugned passed by the respondent no.4,
by which the engagement of the petitioner for the post of Gram Rozgar
Sewak has been terminated on the ground that he is a relation of the sitting
village Pradhan. According to the petitioner and in view of the Government
Order the petitioner does not come under the definition of the relation of the
Gram Pradhan, therefore, petitioner can be appointed but the respondent on
the ground that he is living in the same accommodation according to the
Parivar Register, therefore, the petitioner was not entitled to get the
appointment.
After hearing learned counsel for the petitioner, I am of the opinion that as the
District Magistrate is the relevant authority to consider all these questions
raised by the petitioner, therefore, this writ petition can be disposed of finally
directing the District Magistrate to consider the claim of the petitioner on the
basis of the representation submitted. A liberty is given to the petitioner to file
a comprehensive representation before the District Magistrate within a period
of three weeks and if such representation is filed before the newly added
respondent no.8, the respondent no.8 is directed to decide the same according
to law by a speaking and reasoned order within a period of two months.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 3.7.2010
Abhishek Sri.