LAWS(ALL)-2019-12-243

MOHD. ARSHAD Vs. STATE OF U.P.

Decided On December 09, 2019
Mohd. Arshad Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Shashi Nandan, learned Senior Counsel assisted by Sri Udayan Nandan for the petitioner, learned Standing Counsel for the respondent nos. 1 and 2 and Sri Manu Saxena, learned counsel for the respondent no. 3.

(2.) This writ petition is directed against orders passed by the Principal Secretary, Nagar Vikas U.P. Lucknow dated 18.8.2019, contained in Annexure-5 to the writ petition. The other prayer in the petition is to command the respondents to permit petitioner to work on the post of Clerk, Nagar Palika Parishad, Nawabganj, Bareilly and not to create any interference in discharge of his duties on the aforesaid post in pursuance to the order of State dated 18.8.2019.

(3.) Nagar Palika Parishad, Nawabganj, District Bareilly is a municipality and is governed by the provisions of the U.P. Municipalities Act, 1916 (hereinafter referred to as ''the Act of 1916'). It has passed two separate resolutions, which are the basis of petitioner's claim for appointment. The first resolution is dated 1.12.2012 and reads as under:-