MAHESH CHANDRA TRIPATHI, J. - (1.) HEARD Sri Umesh Vats, learned counsel for the petitioner and learned Standing Counsel for the respondent No. 1.
(2.) SINCE a simple legal issue is involved in the matter, I do not propose to issue notice to respondent Nos. 2 and 3 and the writ petition is finally heard at the admission stage without calling for a counter affidavit.
(3.) BY means of the present writ petition, the petitioner has prayed for a writ, order or direction in the nature of mandamus commanding the respondent Nos. 2 and 3 to promote the petitioner on the post of Clerk from the post of Safai Karmchari in Nagar Palika Parishad, Sambhal (hereinafter referred as "Parishad"). It appears from the record that the Parishad had invited application for the post of Safai Karmchari on 19.10.2007 and in pursuance of the said advertisement, the petitioner had applied being as OBC candidate and declared successful. The petitioner is post graduate in English subject having diploma in 'Advance Diploma in Computer Programming and System Management'. It has also been averred in the writ petition that the petitioner is performing duty in the Parishad as Clerk on the basis of his higher studies. A six member selection committee was constituted in the year 2011 and the petitioner was promoted in the pay scale of Rs. 5200 -20200/ - (GP Rs. 1900/ -) on 08.05.2011 but finally the same had been withdrawn vide order dated 21.04.2012 passed by the Executive Officer, Nagar Palika Parishad, Sambhal.;