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2025 DAILYLAW 105645 (ALL)

DURGA PRASAD v. State of UP AND 3 OTHERS

WRIA/16934/2024 · 2025-01-31

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14288 Court No. - 6 Case :- WRIT - A No. - 16934 of 2024 Petitioner :- Durga Prasad Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ijamamul Hak,Mohd. Israr Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for petitioner and learned Standing Counsel for State-respondents. 2. Present petition has been filed seeking following reliefs:- "i) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the representation dated 10.09.2024 submitted by the petitioner, in accordance with law. ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner to join his services as Village Chowkidar, Police Station Haraiya, District Basti." 3. Learned counsel for petitioner submitted that direction may be issued to decide the representation of the petitioner dated 10.09.2024. 4. I have perused the representation of the petitioner dated 10.09.2024. It is admitted that petitioner was dispensed with from the post of Chowkidar in the year 2009 and thereafter, his brother has been appointed on the said post and he is still in service. Once, the appointment has been made on the vacant post and subsequent appointment is not under challenge, no direction can be issued to decide the representation with the said relief. 5. Accordingly, petition lacks merit and is dismissed. No order as to costs. Order Date :- 31.1.2025 Priya Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad