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2025 DAILYLAW 58335 (ALL)

SMT POONAM v. STATE OF U.P. AND 2 OTHERS

WRIA/6861/2025 · 2025-05-22

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88104 Court No. - 5 Case :- WRIT - A No. - 6861 of 2025 Petitioner :- Smt Poonam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- M. Asif,Tabassum Bano Counsel for Respondent :- C.S.C.,Manoj Kumar Mishra Hon'ble Ajay Bhanot,J. Civil Misc. Amendment Application Heard. Amendment application is allowed. Learned counsel for the petitioner to carry out the amendment by pasting typed copies of the amended pleadings/grounds/reliefs to the writ petition in red ink. Order in Writ Petition Ms. Tabassum Bano, learned counsel for the petitioner submits that the petitioner has been working as a Junior Clerk on contract basis in the respondent-Nagar Panchayat, Bhargain, District-Kasganj since 2001. He claims regularization on the aforesaid post. A recommendation has been made for creation of permanent post by the Executive Officer, Nagar Panchayat, Bhargain, District-Kasganj to the State Government. However, no action has been taken on the aforesaid recommendation. Shri Subhranshu Shekhar, learned Additional Chief Standing Counsel for the respondent Nos.1 to 2-State and Shri Manoj Kumar Mishra, learned counsel for the respondents No.3 submit that the creation of post requires determination and consideration of all relevant factors in the government policies in light of applicable provisions of law by the competent authority in the first instance. They, however, fairly contend that the said issue has to be determined by the competent authority within a reasonable time frame. In wake of the preceding discussion and without going into the merits of the case, the respondent nos. 1 and 2 are directed to take a decision on the recommendation of the Executive Officer, Nagar Panchayat, Bhargain, District- Kasganj for creation of permanent post of Junior Clerk (as claimed by the petitioner) in accordance with law within a period of three months from the date of receipt of a certified copy of this order along with a fresh copy of representation. With the aforesaid directions, the writ petition is finally disposed of. Order Date :- 23.5.2025 Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad