Manish Yadav vs State Of U.P. And 3 Others
2019 Latest Caselaw 5529 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 9704 of 2019
 

 
Petitioner :- Manish Yadav
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Yogesh Kumar Srivastava,Noor Muhammad
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

While entertaining the writ petition following orders were passed in the matter on 27.6.2019:-

"The petitioner is aggrieved by inaction by the State respondents in keeping the application pending for more than two years.

The record indicates that the petitioner has applied for study leave for pursuing Diploma in Civil Engineering from J.S.University Firozabad and the Executive Engineer has approved the leave sought by the petitioner vide letter dated 14.06.2017 addressed to the Superintending Engineer. Now the Chief Engineer has also written a letter to the Engineer-in-Chief to consider the claim of the petitioner for grant of study leave. Submission is that no action whatsoever has been taken from the office of the respondent no. 2 namely the Engineer-in-Chief P.W.D. Lucknow. The matter is urgent inasmuch as the admissions are going on in every institution.

Be that as it may, having noticed the fact that the petitioner has applied for study leave, the learned Standing Counsel is directed to seek necessary instructions placing the method and manner of grant of study leave on the next date fixed. He shall clearly disclose the delay in processing the application of the petitioner.

The instructions be supplied in the Court on the next date fixed.

Put up this matter on 8th July, 2019 as fresh."

Learned Standing Counsel states that despite communication sent, no instructions have been received.

Though period of more than 10 days have expired since passing of the aforesaid order but till date learned Standing Counsel has not been able to obtain instructions in the matter. Considering the nature of the order proposed to be passed no further opportunity is being extended to learned Standing Counsel to obtain instructions in the matter.

In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondent no. 2 to accord consideration to the petitioner's claim for grant of study leave keeping in view the communication sent by the Executive Engineer on 14.6.2017; as also the communication of the Chief Engineer forwarding petitioner's claim to respondent no. 2. The concerned respondent shall pass a specific order within a period of two weeks from the date of presentation of a certified copy of this order.

Any further inaction on the part of the respondent no. 2 in processing petitioner's application would be viewed seriously and personal responsibility may also be fixed in that regard.

Order Date :- 8.7.2019

Ranjeet Sahu