Pradeep Kumar Singh vs State Of U.P Thru Secy Secondary ...
2018 Latest Caselaw 3103 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 
Case :- SERVICE SINGLE No. - 16978 of 2017
 
Petitioner :- Pradeep Kumar Singh
 
Respondent :- State Of U.P Thru Secy Secondary Edu Lko & Ors
 
Counsel for Petitioner :- Santosh Kumar Tripathi,Amrendra Nath Tripathi
 
Counsel for Respondent :- C.S.C,Pt.S.Chandra
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Amrendra Nath Tripathi, learned counsel for the petitioner and the learned Additional Chief Standing Counsel for the State-respondents and Pt. S. Chandra, learned counsel for the opposite party No.4 i.e. the Committee of Management, D.A.V. Inter College, Balrampur.

In pursuance of order of this Court, the notices have been issued to the opposite party Nos.5 and 6 and as per office report, the service of notices upon opposite party Nos.5 and 6 have been deemed to be sufficient but no one has put in appearance on behalf of opposite party Nos.5 and 6.

Learned counsel for the petitioner has vehemently submitted that the post of promotional quota has been filled up through direct recruitment by adopting illegal means, despite the fact that the petitioner was fully eligible to be promoted on the post in question i.e. the Clerk and he had applied for the said post.

Learned counsel for the petitioner has further submitted that the petitioner is having all requisite qualifications to that effect but without considering the application of the petitioner, without considering the candidature of the petitioner and even without disposing of the application of the petitioner, the post in question has been filled up through direct recruitment and the opposite party Nos.5 and 6 have been appointed on the said post.

Learned counsel for the petitioner has also submitted that while doing so the interpolation in the record have been made.

The matter requires consideration.

Since no counter affidavits have been filed by the opposite parties despite the time for filing counter affidavits has been given.

Therefore, three weeks' and no more time is granted to the learned counsel for the opposite parties to file their respective counter affidavits.  Rejoinder affidavit, if any, may be filed within a week thereafter.

List this petition on 13.11.2018.  If the counter affidavit on behalf of the State is not filed within the time stipulated, the District Inspector of Schools, Balrampur shall appear in person on the date fixed along with record to assist the Court.

Order Date :- 8.10.2018

Suresh/

[Rajesh Singh Chauhan,J.]