Allahabad High Court
Dhirendra Pal Singh vs State Of U.P. Thru Secy. And 3 ... on 4 July, 2014
Bench: Pradeep Kumar Baghel
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- WRIT - A No. - 34002 of 2014
Petitioner :- Dhirendra Pal Singh
Respondent :- State Of U.P. Thru Secy. And 3 Others
Counsel for Petitioner :- Pramod Kumar Singh,Devottam Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioner is a Class-IV employee in the institution in question, namely, Magha Nand Inter College, Sarai Ghasi, District Bulandshahr. His grievance is that he is entitled for promotion on the post of Assistant Clerk under the provisions of the Regulations framed under the Uttar Pradesh Intermediate Education Act, 1921. Previously, he preferred Writ-A No. 64616 of 2012 (Dhirendra Pal Singh v. State of U.P. and others), which was disposed of by this Court on 12th December, 2012 with a direction to the Joint Director of Education to consider his grievance and pass appropriate order. In furtherance thereof, the Joint Director of Education proceeded to pass the order dated 29th August, 2013, wherein he took the view that both the posts of Assistant Clerk of the institution are disputed and several writ petitions are pending in respect of the said dispute. Therefore, petitioner's representation has been rejected.
It is contended by the petitioner that the said reason is wholly unjustified as merely on the ground that the writ petitions are pending, petitioner's claim has not been considered. Moreover, by an advertisement dated 25th June, 2014 the Committee of Management is proceeding to fill up those vacancies by direct recruitment.
In the order of the Joint Director of Education it is mentioned that there are only two posts of Assistant Clerk and since no candidate from the reserved category is available, therefore, the posts should be filled up by the direct recruitment. It is further contended that the said view is totally erroneous in view of the judgments of the Full Bench of this Court in Heera Lal v. State of U.P. and others, (2010) 3 UPLBEC 1761, and of the Division Bench in Dr. Vishwajit Singh v. State of U.P. and others, (2009) 2 UPLBEC 1443, and Smt. Pholpati Devi v. Smt. Asha Jaiswal and others, (2009) 2 ADJ 90 : 2009 (2) AWC 1799, wherein it has been held that the provisions of reservation would not be applicable where posts are less than five. In the present case, there are only two posts.
The matter needs consideration.
Learned Standing Counsel appears for the respondent nos. 1 to 3.
Issue notice to the respondent no. 4.
Learned Counsel for the petitioner may take steps within ten days, failing which the writ petition shall be listed under Chapter XII Rule 4 of the Rules of the Court.
Reply be filed by all the respondents within six weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this case on 08th September, 2014 along with the record of Writ-A Nos. 64389 of 2010 (Ajay Kumar v. State of U.P. and others) and 58512 of 2013 (Dhirendra Pal Singh v. State of U.P. and others).
In the meantime the selection may go on in pursuance of the advertisement dated 25th June, 2014 but the appointment shall not be made till the next date of listing.
Order Date :- 4.7.2014
SKT/-
