PRADEEP KUMAR BANERJI Vs. ALLAHABAD UNIVERSITY AND ANOTHER

JUDGEMENT

(1.) THE petitioner claims to be a Routine Grade Clerk, working in the Allahabad University Library since August, 1982. The petitioner also claims that he is entitled to the post of Cataloguer which has fallen vacant on 31 -5 -1990 on the retirement of one Abdul Wahid. It is further stated that the petitioner has already made a representation to the Registrar of the Allahabad University who is the Competent Authority to consider the claim made by the petitioner, The representation, it is alleged, was filed on 5th June, 1990 and a reminder was also sent on 5 -12 -1990, The petitioner also asserts that he has also met the Registrar personally in February, 1991, but with no result, It is in these circumstances, that the petitioner has come to this court seeking a writ of mandamus against the respondents to consider his claim and to promote him to the post of Cataloguer which is still lying vacant and has not been filled up. On 21 -3 -1991 when the petition was presented, Sri S.N. Upadhyaya, learned counsel for the respondents was granted two weeks time to file counter affidavit but no counter affidavit has been filed. The learned counsel requested for further time for filing the counter affidavit. However, I do not consider it necessary to grant any further time in view of the order I am proposing to make.

(2.) AS already stated, the petitioner has already made a representation of his claim before the Registrar of the Allahabad University, which is still pending consideration before him. As the petitioner has availed of the alternative remedy and is persuing the same, it is not necessary for this Court to go into the merits of the claim made by the petitioner. In this view of the matter, I consider it to be in the interest of justice to issue a direction to the Registrar, Allahabad University. Allahabad, to decide the representations of the petitioner, copies of which have been annexed as Annexures 2 and 3 to the petition expeditiously and at an early date preferably within a period of two months of filing of a certified copy of this order before him. If the Registrar chooses to reject the petitioner's representation representations it is expected, that he shall pass a speaking order. Subject to the above this writ petition stands disposed of.