Surabhi Srivastava vs State Of U.P. Thru. Secy. ...
2023 Latest Caselaw 1131 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 16333 of 2020
 

 
Petitioner :- Surabhi Srivastava
 
Respondent :- State Of U.P. Thru. Secy. Secondary Education Deptt. And Ors.
 
Counsel for Petitioner :- Nitin Kumar Mishra,Manjari Singh
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for petitioner and learned standing counsel for State.

Present writ petition is filed by the petitioner for the following primary reliefs:-

"I. Issue a writ order or direction in the nature of mandamus commanding and directing the opposite parties to absorb/merge or regularize the petitioner against the post of Assistant-cum-Cataloger Grade-3 in Government District Library and pay the emoluments and other service benefits accordingly.

II. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to consider the petitioners for promoting on the post of Librarian after absorbing or merging the post of Pustakalay Lipic to the post of Assistant-cum-Cataloger keeping in view of her 10 years of the regular satisfactory service."

Learned counsel for the petitioner relies upon the Government Order dated 08.09.2010 of the State Government and submits that pay scale of both the posts is similar and as per Government Order dated 08.09.2010, petitioner is entitled for the relief claimed.

Learned counsel for petitioner further submits that grievance of petitioner would be sufficiently met in case representation of petitioner for the said purposes is considered and decided in a time bound manner.

Learned standing counsel has no objection to the same.

In view thereof, petitioner is permitted to make a fresh detailed representation to respondent no.2 Director of Secondary Education Department, raising all her grievance, annexing therewith a copy of this writ petition along with annexures, judgments/government orders, if any and all the documents in support of her claim within a period of two weeks from today along with a certified copy of this order.

In case such a representation is moved by petitioner, respondent no.2 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of two months from the date a certified copy of this order along with representation is placed before him.

It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.

With the aforesaid directions, the writ petition is disposed of.

Order Date :- 11.1.2023

Arti/-

[Vivek Chaudhary,J.]