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2025 DAILYLAW 108623 (ALL)

GIRISH KUMAR v. State of UP AND 5 OTHERS

WRIA/19272/2024 · 2025-01-15

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6221 Court No. - 10 Case :- WRIT - A No. - 19272 of 2024 Petitioner :- Girish Kumar Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- C.S.C.,Prabhash Pandey Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Adarsh Singh, learned counsel for petitioner and Sri Prabhash Pandey, learned counsel for respondents. 2. Argument of learned counsel for petitioner is that for the post of Officiating Office Superintendent, not only a seniority is required but it is subject to suitability and fitness also, however, while granting post of Officiating Office Superintendent to the petitioner, no such requirement was considered, therefore, now to say that such requirement is mandatory is unreasonable. 3. Learned counsel for respondents submits that petitioner is medically fit and he is discharging his duties perfectly. 4. In aforesaid circumstances, argument raised by learned counsel for petitioner that regulations have not been complied with when contesting private respondent was granted post of Officiating Office Superintendent has no legal force since not only said respondent is now medically fit but admittedly is discharging his duties in the respondent institution diligently, therefore, no interference is warranted. 5. Writ petition stands disposed of. Order Date :- 15.1.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad