Court No. - 30 Case :- WRIT - A No. - 45238 of 2007 Petitioner :- Indra Dutt Sharma Respondent :- State Of U.P. And Others Petitioner Counsel :- Vinod Sinha,Mahesh Sharma Respondent Counsel :- C.S.C.,J.N. Maurya Hon'ble Rakesh Sharma,J.
Heard Sri Vinod Sinha, learned counsel for the petitioner and learned
Standing Counsel appearing for respondents No. 1 to 3.
The petitioner was promoted as per administrative exigencies on the post of
Head clerk in Sri Shobhram Inter College, Dadri, district Gautam Budh Nagar
on 9.1.2006. This post of head clerk fell vacant on account of superannuation
of head clerk. The petitioner being the only candidate in the ministerial cadre
was offered promotion. Admittedly he became entitled to receive the salary
on the post of head clerk in the pay scale of Rs.4000-6000/- with effect from
7.3.2009 after completing 5 years’ service. The petitioner is also armed with
two interim orders passed on 18.9.2007 and 28.2.2008. A grievance has been
raised that despite these specific orders passed by this Court and the
admission in para 6 of the counter affidavit filed by respondents No.1,2&3,
the petitioner is not being allowed to discharge the duties, functions and
responsibilities of the post of head clerk and is not getting salary. The matter
is still under correspondence between the management of the institution and
the D.I.O.S., Gautam Budh Nagar. The petitioner has been prevented to work
as head clerk.
In view of the above , as an interim measure it is provided that the
respondents No.1,2&3 shall ensure compliance of the aforementioned orders
passed by this Court and if the petitioner has been formally promoted on the
post of head clerk as indicated above, he shall be permitted to assume charge
and discharge the duties, functions and responsibilities of the post provided
there is no legal hurdle in doing so . Necessary formalities which appears to
be going on shall be completed within two months from the date of
production of a certified copy of this order.
Order Date :- 8.7.2010
VPC