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2025 DAILYLAW 180746 (ALL)

RAMA v. STATE OF U.P. THRU. SECY. PANCHAYTI RAJ LKO. AND 4 OTHERS

/13732/2025 · 2025-11-27

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13732 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Dr. Udai Veer Singh, learned Additional Chief Standing Counsel for the State, Sri Dilip Kumar Pandey, learned counsel for the Gram Panchayat and perused the record. Instant writ petition has been filed with the following main relief :- "a. issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.3 to appoint the petitioner on the post of Panchayat Assistant/Account-cum-Data Entry Operator in Village and Post-Ganeshpur, Block-Ishanagar, Pargana-Firozabad, District-Lakhimpur Kheri in pursuance of the Government order dated 25.07.2021, in the interest of justice." Contention of learned counsel for the petitioner is that the petitioner had appeared before the Committee and his name was placed at serial no. 2,whereas the person who was on serial no. 1, after being appointed on the post of Panchyat Assistant/Account- cum-Data Entry Operator, has left the said post and therefore, the petitioner is entitled as being at serial no. 2 in the select list. Learned counsel appearing for the opposite parties have vehemently opposed the contentions aforesaid and submitted that there is no provision that once the list is exhausted and the person selected joined on the post and resigned subsequently, the candidate placed at serial no. 2 would have no right to claim fresh Versus Counsel for Petitioner(s) : Virendra Kumar Shukla, Shyam Pratap Singh Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey Rama .....Petitioner(s) State Of U.P. Thru. Secy. Panchayti Raj Lko. And 4 Others .....Respondent(s) appointment in furtherance to the same advertisement. Be that as it may, without entering into the merits of the case,the petitioner is given liberty to move a fresh representation, while raising all his claims and grounds before the opposite party no. 3/ District Panchayat Raj Officer, Lakhimpur Kheri within the period of 15 days form today and if such representation is moved within aforesaid period, the opposite party no. 3 is directed to consider and decide the same within further period of four weeks, in accordance with law. This order shall not come in the way of further appointment in compliance of the impugned advertisement. With the aforesaid observations, the writ petition is hereby disposed of. November 27, 2025 AKS WRIA No. 13732 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench