Court No. - 38 Case :- WRIT - A No. - 37665 of 2010 Petitioner :- Shiv Kumar Sharma Respondent :- State Of U.P. And Others Petitioner Counsel :- S. C. Rai Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
Petitioner claims that he is entitled to be promoted on the post of
Naib Tehsildar under the U.P. Naib Tehsildar Rules 1944 being a
senior most in the Cader. Petitioner is being senior most person as
Amin in the Land Adcquisition Unit Gautam Budh Nagar as such
entitled to get the promotion under the para 118(3) of the U.P.
Land Acquisition Manual. Petitioner submits that from 2001, the
petitioner is approaching the authority including the Board of
Revenue for his grievance regarding the promotion, but up till date
the claim of the petitoner has not yet been considered. Last
representation submitted by the petitioner is dated 06.05.2010.
I have considered the submission of the petitioner and perused the
record. As the claim of the petitioner is still pending consideration
regarding promotion, therefore, in my opinion it will be
appropriate that the matter may be re-delegated to the competent
authority to consider and decide the claim of the petitioner for
promotion on the post of Naib Tehsilardar strictly in accordance
with law within a specific period.
Under the aforesaid facts and circumstances, this writ petitioner is
being disposed of finally directing the respondent No.2 to decide
the claim of the petitoner for promotion on the post of Naib
Tesildar after considering the rule 118 (3) of the Land Acquisition
Manual within a period of two months from the date of production
of certified copy of this order after recording reasons.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 2.7.2010
Pr/-