Salim vs State Of U.P. And 4 Others
2023 Latest Caselaw 10529 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 6098 of 2023
 

 
Petitioner :- Salim
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ramendra Kumar Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Srivastava,J.

1. Heard Sri Ramendra Kumar Shukla, learned counsel for the petitioner and learned standing counsel for the respondents.

2. Present petition has been filed with the following prayer:-

"I. Issue a writ order or direction in the nature of mandamus commanding to the respondents to regularization service of the petitioner under regularization rules 2016 after exempting artificial break in the light of judgment passed by this Hon'ble Court in the case of Sanjay Srivastava, Janardan Yadav and Umesh Chandra Tiwari.

II. Issue a writ order or direction in the nature of mandamus commanding to the respondent to consider and decide the representation dated 10.10.2022 filed by the petitioner within specific time granted by this Hon'ble Court (Annexure no. 3) to this writ petition."

3. Learned counsel for the petitioner submitted that for redressal of his grievance, he has filed a representation before the respondent authorities, but till date same has not been decided. He next submitted that a suitable direction may be issued to respondent authorities to decide the representation of the petitioner within stipulated period.

4. Learned Standing Counsel submitted that for redressal of grievance of petitioner, petitioner may submit fresh representation before the respondent no. 4. In case any such representation is filed, the same shall be considered and decided at the earliest.

5. Considering the facts and circumstances of the case, the present petition is disposed of with liberty to petitioner to file fresh representation before the respondent no.4 within two weeks from today. In case any such representation is filed before the respondent no.4, he shall consider and decide the same within a period of two months from the date of production of certified copy of this order.

6. It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 4 to decide the representation of the petitioner after considering the relevant Acts, Rules, Government Orders, Judicial pronouncement made by the Court as well as facts of the case.

Order Date :- 10.4.2023

Shaswat