Court No. - 26 Case :- WRIT - A No. - 14928 of 2006 Petitioner :- Ranvijay Yadav Respondent :- State Of U.P. Thru' Secretary, Basic Education And Others Petitioner Counsel :- N.K. Pandey Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the
respondents.
This writ petition has been filed for a mandamus commanding the respondents
to consider the claim of the petitioner regarding his absorption on the post of
Assistant Clerk in view of the Government Order dated 31.1.1997.
Petitioner was given an appointment under the Dying in Harness Rules by
order dated 9.1.2001 on a superannuary post with a clear indication that he
will be absorbed when there is any vacancy according to the Government
Order.
Learned counsel for the petitioner submits that there are vacant post and the
appointment order issued in favour of the petitioner also indicate this fact that
he will be absorbed in future on a post falling vacant in the same cadre.
Petitioner submits that in spite of the request made to the Zila Basic Shiksha
Adhikari by filing a representation dated 30.1.2003, the Zila Basic Shiksha
Adhikari has not taken any action and has not passed any order to this effect.
A reminder to this effect has also been sent by the petitioner on 12.1.2006. In
such circumstances, it is submitted that the claim of the petitioner may be
considered in accordance with law.
In spite of the time being granted to the learned Standing Counsel on
10.3.2006, no counter affidavit has been filed. As a limited prayer is made by
the petitioner and the controversy involved in the present writ petition is only
regarding the absorption of the petitioner in view of the Government Order
mentioned above, therefore, this writ petition can be disposed of directing the
Zila Basic Shiksha Adhikari, respondent No. 2 to consider the claim of the
petitioner strictly in accordance with law.
In view of the aforesaid fact, the writ petition is disposed of directing the
respondent No. 2, Zila Basic Shiksha Adhikari to consider and decide the
representation filed by the petitioner for absorbtion in a vacant post in view of
the Government Order within a period of six weeks from the date of
presentation of the certified copy of the order by a speaking and reasoned
order.
Accordingly, the writ petition is disposed of.
No order is passed as to costs.
Order Date :- 5.1.2010
Pk