Mohan Babu Soni vs State of U.P. and Others

Hon''ble Devendra Kumar Arora, J.—Heard learned counsel for the parties.

The submission of learned counsel for the petitioner is that the petitioner was appointed as Gram Rojgar Sewak in the village Panchayt Chilwariya, Block Chitaura, District Bahraich in the year 2007 and on account of his satisfactory services, his term was renewed/ extended from 04.12.2008 to 03.12.2009. The terms of the petitioner was once again renewed from 04.12.2009 to 03.12.2010, but after Panchayat Election of 2010, the newly elected Pradhan of the village with malafide intention did not allow the further extension /renewal of the petitioner.

The further submission of learned counsel for the petitioner is that there is no complaint against the working of the petitioner and his case is squarely covered by the judgment of this Court rendered in Writ Petition No.56644 of 2010, Shiv Manorath Shukla & others vs. State of U.P. & others, in which this Court while setting aside para-4 of the Government Order dated 25.08.2010 directed for renewal for a period of one year at a time subject to satisfactory work of Panchayat Mitra.

The further submission of learned counsel for the petitioner is that since there is nothing adverse against the petitioner, therefore, his candidature ought to have been considered by the Collector/ District Magistrate, Bahraich. The petitioner has approached the District Magistrate for redressal of his grievance by means of representation dated 24.01.2011, but no action has been taken on the same.

Learned counsel for the petitioner after arguing at some length prayed that ends of justice would be served if necessary directions are issued to the opposite party no.2 to consider and decide the representation of the petitioner dated 24.01.2011, as contained in Annexure-7 to the writ petition, in accordance with law, within time frame fixed by this Court.

Learned Standing Counsel has no objection to the prayer of learned counsel for the petitioner.

Taking into consideration the innocuous prayer of learned counsel for the petitioner, without entering into the merits of the case, the opposite party no.2 is hereby directed to consider and decide the representation of the petitioner dated 24.01.2011, as contained in Annexure-7 to the writ petition, in accordance with law by means of speaking and reasoned order, within a period of two months from the date of receipt of a certified copy of this order.

Subject to the aforesaid observations and directions, the writ petition is disposed of finally