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2025 DAILYLAW 76338 (ALL)

MANOJ KUMAR SHARMA AND 156 OTHERS v. STATE OF UTTAR PRADESH AND ANOTHER

WRIA/10067/2025 · 2025-07-21

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119238 Court No. - 4 Case :- WRIT - A No. - 10067 of 2025 Petitioner :- Manoj Kumar Sharma And 156 Others Respondent :- State Of Uttar Pradesh And Another Counsel for Petitioner :- Akhil Kumar Srivastava,Madan Mohan Lal Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Petitioner claims to have been initially appointed as 'Safai Karmi', and was later on promoted as Safai Nayak on 21.08.2015 however, subject to the condition that he would not be paid salary of Safai Nayak and as and when the vacancy of Safai Nayak occurs , he will be absorbed. 2. Thus, according to learned counsel for the petitioner, petitioner was given time-promotion without any financial benefit. He submits that the two posts of Safai Nayak have fallen vacant on account of promotion of one Mr. Birla Sood as Clerk on 20.08.2012 and retirement of one Mr. Dhanna Sharan on 31.05.2024. Thus, according to the petitioner, two posts since are lying vacant, respondents should be directed to absorb the petitioner against the existing vacancy. It is submitted that in the above regard petitioner has already represented the matter before the Executive Officer, Nagar Palika Parishad Deoband, District Saharanpur, U.P. 3. Per contra it is argued by Sri Pramod Kumar Gupta, learned Advocate holding brief of Sri Tabish Sheikh, learned counsel for the contesting Local Body that the petitioner was not offered any regular promotion instead, it was an ad hoc promotion, however, he could not demonstrate before this Court that petitioner was offered promotion against any existing vacancy. 4. In view of the above, this petition stands disposed of with direction to the 4th respondent to look into and consider the grievance of the petitioner raised in his representation dated 06.06.2024, copy whereof has been filed as Annexure No. 6 to the writ petition, as expeditiously as possible preferably within a period of three months from the date of production of certified copy of this order. Order Date :- 22.7.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad