Anirudh Prasad Tiwari vs State Of U.P.Thru.Addl.Chief ...
2021 Latest Caselaw 6246 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- SERVICE SINGLE No. - 8185 of 2021
 

 
Petitioner :- Anirudh Prasad Tiwari
 
Respondent :- State Of U.P.Thru.Addl.Chief Secy. Basic Education & Ors.
 
Counsel for Petitioner :- Kuldeep Singh Kalhans
 
Counsel for Respondent :- C.S.C.,Vindhya Washini Kumar
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner, learned State Counsel appearing on behalf of opposite party no.1 and Mr. Vindhya Washini Kumar, learned counsel appearing on behalf of opposite parties no.2 and 3.

Petition has been filed seeking following relief:

"(i) A writ, order or direction in the nature of Mandamus commanding and directing the opposite parties no.2 and 3 to consider the grievance of the petitioner and granted notional promotion and consequential benefits for the post of headmaster when the juniors have been granted promotion.

(ii) A writ order or direction in the nature of Mandamus commanding and directing the opposite parties to examine the grievances as examined to the other similarly situated persons and grant the benefits of promotion as granted to the similarly situated person in the interest of justice. ..............."

Learned counsel for petitioner submits that a gradation list was issued in the year 2000 in which petitioner was placed at serial no.800 but persons junior to him who appear at serial no.1465, 1470, 1480, 1488, 1501 and 1508 were promoted ignoring the claim of petitioner for being considered. It is submitted that subsequently a dispute arose with regard to the gradation and Writ Petition No.2847 (S/S) of 2000 was filed which was finally disposed of vide judgment and order dated 29.08.2011. In pursuance thereof, order dated 18.04.2012 was passed reiterating the earlier order due to which litigation against ensued and attained finality only in 2021. As such, it is submitted that the claim of petitioner has not become stale and instead is very much alive due to which the present petition has been filed. Learned counsel submits that the petitioner has already filed a representation dated 25.01.2021 received in the office of opposite party no.2 on 27.01.2021. At present learned counsel for the petitioner restricts his prayer for a final decision with regard to same.

Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, opposite party No.2 i.e. District Basic Education Officer, Gonda is directed to decide representation dated 25.01.2021 by reasoned and speaking order within a period of six weeks from the date a copy of this order is produced before him. The petitioner shall annexe a copy of representation dated 25.01.2021 along with a copy of this order.

With the aforesaid observation, the writ petition stands disposed of.

Order Date :- 15.6.2021

Subodh/-