Court No. - 1 Case :- WRIT - A No. - 59218 of 2008 Petitioner :- Ashutosh Kumar Giri Respondent :- State Of U.P. Thru' Secy Basic Education And Others Petitioner Counsel :- Sayed Nadeem Ahmad,Prem Shankar Prasad Respondent Counsel :- C.S.C. Hon'ble Devendra Pratap Singh,J.
Despite time being granted no counter affidavit has been filed even
though about two years have passed and therefore, request for further
time is rejected.
It appears that the petitioner had applied for admission to the Special
B.T.C. Course in pursuance of an advertisement dated 8.3.1998 and
when he was not selected, he preferred Writ Petition No. 24720 of
1999 which was finally disposed off with a direction to allow him to take
the aforesaid course. After completion of his course, result was not
declared forcing him to file yet another writ petition which was
disposed off with a direction to the Director to consider the claim of the
petitioner who was in the category of handicapped person but the
Director, rejected his claim vide order dated 28.12.2001. This was
subjected to challenge in Writ Petition No. 18888 of 2002 and the writ
petition was allowed vide order dated 22.12.2005 with a finding that
the passing marks for handicapped category was 39.59 while the
petitioner had obtained 42.01 quality marks and therefore, the direction
was issued to declare the result of the petitioner within one month. In
pursuance thereof, his results were declared on 19.5.2006 and he
passed in the first division whereafter he was issued an appointment
letter on 26.8.2006 and joined his service as Assistant Teacher on the
same date.
Since the petitioner was not granted seniority along with his batch, he
made various representations to the respondents but to no avail
forcing him to file the present writ petition for a mandate to consider his
seniority along with his batch mates who had applied in pursuance of
the advertisement dated 8.3.1998.
It is apparent from the record that the petitioner cannot be blamed for
the delay in issuance of the appointment letter and therefore, he is
entitled to be placed at his relevant seniority in his own batch.
Accordingly, this petition succeeds and is allowed and the respondents
are directed to place the petitioner’s name in accordance to his
seniority in the batch appointed in pursuance of the advertisement
dated 8.3.1998. The said orders be passed within a period of one
month from the date of submission of a certified copy of this order.
In the circumstances of the case, no order as to costs.
Order Date :- 13.8.2010
AK