Court No. - 24 Case :- SERVICE SINGLE No. - 504 of 2010 Petitioner :- Mohd. Yaseen S/O Sri Suleman Respondent :- State Of U.P. Thru. Secy. Medical Health And Another Petitioner Counsel :- G.S. Maurya,S.K.Maurya Respondent Counsel :- C.S.C. Hon'ble Rajiv Sharma,J.
Heard learned Counsel for the petitioner and learned Standing Counsel.
With the consent of learned Counsel for the parties, the writ petition is being
disposed of finally at the admission stage itself.
Grievance of the petitioner is that the petitioner, who was appointed on the post of
Class IV employee w.e.f. 2.12.1973, has not been promoted to the post of Junior
Clerk despite the fact that the petitioner’s application for promotion to the post of
Junior Clerk was duly recommended and approved by the superior authorities by the
letters dated 24.3.1987 and 25.5.1987.
Learned Counsel for the petitioner submits that one Surjan Singh Yadav, who was
junior to the petitioner, was promoted to the post of Junior Clerk on 13.9.1982 and
the petitioner was being aggrieved filed a claim petition before the U.P. Public
Services Tribunal and the Tribunal, vide order dated 2.9.1986, allowed the claim of
the petitioner. Feeling aggrieved, the State of U.P. filed a writ petition before this
Court and this Court, vide order dated 24.10.2007, dismissed the writ petition and
confirmed the order of the Tribunal but despite that petitioner’s promotion on the post
of Junior Clerk has not been effected. He has already made a representation to this
effect but no heed was paid to the petitioner.
Learned Counsel for the petitioner submits that he does not want to press the relief
claimed in the instant writ petition but restricts his prayer only to the extent that
opposite parties may be directed to consider and decide the petitioner’s
representation dated 5.11.2007, as contained in Annexure No.6 to the writ petition in
accordance with law, expeditiously, to which learned Standing Counsel has no
Considering the peculiar facts and circumstances of the case, the writ petition is
disposed of finally with a direction to the opposite parties to consider and decide the
petitioner’s representation dated 5.11.2007, as contained in Annexure No.6 to the
writ petition, in accordance with law, expeditiously, say, within a period of three
months from the date of receipt of a certified copy of this order and communicate the
decision to the petitioner.
Order Date :- 29.1.2010