R.A. Sharma, J. - (1.) The petitioner, who was working as play organiser in observation Home at Basti, was promoted vide order dated June 28, 1994 by the District Magistrate to the post of Assistant Superintendent observation Home (hereinafter referred to as Assistant Superintendent) at Basti on temporary/ad hoc basis till a candidate duly selected by the Director Women Welfare, U.P. Lucknow (hereinafter referred to as the Director) is appointed. By an order dated May 15, 1996 the petitioner's promotion was cancelled by the Director. Against the said order the petitioner filed writ petition which was dismissed by this Court on the ground of alternative remedy of a claim petition before U.P. Public Service Tribunal, Lucknow (hereinafter referred to as the Tribunal). The petitioner thereafter filed claim petition before the Tribunal which has been dismissed vide order dated May 29, 1997. Being aggrieved , he has filed this writ petition.
(2.) On August 8, 1997 learned Standing Counsel, who represents respondents, was granted four weeks' time to file counter-affidavit. As no counter-affidavit was filed by the respondents, on 19.9.1997 the learned Standing Counsel was granted a month and no more time to file counter-affidavit. Inspite of stop order the counter-affidavit has not been filed till date. The result is that the averments made in the writ petition are liable to be taken as correct.
(3.) We have heard the learned Counsel for the petitioner and the learned Standing Counsel.;