RAJEEV KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner claims to have been promoted as a Clerk in the employ of the Nagar Panchayat Khutar, District Shahjahanpur (for short, 'the Nagar Panchayat') from the lower post of a Class- IV employee. The petitioner says that though promoted by the President of the Nagar Panchayat vide order dtd. 1/5/2018, he has not been paid his emoluments for the promotion post. Instead, he is being remunerated as a Class-IV employee. It is asserted that pursuant to the promotion order dtd. 1/5/2018, the petitioner has joined the promotion post and is discharging duties attached to the post. The petitioner, therefore, prays that a mandamus be issued, ordering the Nagar Panchayat and its President, to extend benefits of the promotion post, including all remuneration w.e.f. 1/5/2018. He has also prayed for the issue of a mandamus to the respondents to pay him a Clerk's salary from the date of his promotion together with interest.

(2.) Since a dispute was raised during the hearing of the petition about the genuineness of the promotion order dtd. 1/5/2018, signed by the then President of the Nagar Panchayat, Anupam Shukla, he was impleaded eo nomine under our orders. He was put to notice vide order dtd. 6/5/2025 and summoned to appear before the Court on 14/5/2025. Anupam Shukla, the former President of the Nagar Panchayat, appeared in person on 14/5/2025 and verified the contents of the promotion order as well as his signatures thereon in Court. By an earlier order, original records, including the petitioner's service book, were summoned. The parties having exchanged affidavits, the petition was admitted to hearing.

(3.) Heard Mr. Harsh Vardhan Gupta, learned Counsel for the petitioner, Mr. Sharad Chandra Upadhyay, learned Standing Counsel appearing on behalf of State-respondent Nos. 1 and 2 and Mr. Bhanu Bhushan Jauhari, learned Counsel appearing for the Nagar Panchayat, respondent Nos. 3 and 4. The records produced in original have been perused.