S.P.Mehrotra - (1.) -This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, inter alia, alleging that the petitioner was appointed on the post of pump operator on 12.3.1996, a copy whereof has been filed as Annexure-1 to the writ petition. It is, inter alia, further alleged by the petitioner that the petitioner made an application dated 27.11.1999 before the District Magistrate, Chandauli, inter alia, praying that he should be permitted to perform the functions of Jal Kal clerk instead of working as pump operator. On the said application dated 27.11.1999, the District Magistrate, Chandauli, called for report. A copy of the said application dated 27.11.1999 has been filed as Annexure-2 to the writ petition.
(2.) IT is, inter alia, further alleged that pursuant to the aforesaid direction of the District Magistrate, Chandauli calling for the report on the said application dated 27.11.1999, the Executive Officer, Nagar Panchayat, Chandauli, submitted his report dated 8.12.1999, a copy whereof has been filed, as Annexure-3 to the writ petition. In the said report, it was, inter alia, recommended that the petitioner should be permitted to perform the functions of the Jal Kal clerk also in addition to the working of his original post. It is, inter alia, further alleged in paragraph No. 4, of the writ petition that pursuant to the said recommendation, the District Magistrate, Chandauli, gave his approval on 9.12.1999. It is, inter alia, alleged that the petitioner has completed more than five years of service since his appointment on the post of pump operator on 12.3.1996. It is, inter alia, alleged that the petitioner is entitled to promotion to Class III post on the basis of the Government order dated 4.12.2001, a copy whereof has been filed as Annexure-4 to the writ petition.
(3.) IT is alleged that the petitioner has moved an application dated 2.5.2002 before the District Magistrate, Chandauli, inter alia, praying for being promoted to the post of clerk on the basis of the said Government order dated 4.12.2001. A copy of the said application dated 2.5.2002 has been filed as Annexure-5 to the writ petition. One of the reliefs claimed herein is that the respondent No. 2 (District Magistrate, Chandauli) be directed to decide the said representation/application dated 2.5.2002 filed by the petitioner within a fixed period.;