HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- SERVICE SINGLE No. - 1456 of 2011 Petitioner :- Udai Pratap Singh Respondent :- Narendra Dev University Of Agriculture And Tech.Faizabad Petitioner Counsel :- O.P.Srivastava Respondent Counsel :- Kuldeep Pati Tripathi,Manik Sinha Hon'ble Anil Kumar,J.
Supplementary rejoinder affidavit filed today is taken on record.
Heard learned counsel for parties and perused the record.
Sri O.P.Srivastava, learned counsel for petitioner for the purpose of interim relief submits that the impugned order dated 09.03.2011 (Annexure-1) along with corrigendum dated 10.03.2011 passed by opposite party no.2 is illegal, arbitrary in nature because the said authority has got no jurisdiction. There is no authority to pass the same in order to corroborate the same position.
Sri O.P.Srivastava, learned counsel for the petitioner submits that petitioner has been appointed on the post of computer (J.E. Tech.) vide order dated 13.12.1986 (Annexure-2) in Narendra Dev University of Agriculture & Technology, Kumarganj, Faizabad, passed by opposite party no.1 as such the opposite party no.2 being not the competent authority/appointing authority of the petitioner, the impugned order passed by him is without jurisdiction.
He further submits that the impugned order is nothing but outcome personal bias and mala fide action on the part of opposite party no.2 because petitioner in the capacity of the office bearer of the union of the employees working in the University pressed their demand in respect to payment of arrears of salary due to which opposite party no.2 annoyed and as outcome is the facts, impugned order dated 09.03.2011 has been passed.
Sri Manik Sinha, learned Advocate, on behalf of official respondents submits that impugned order has been passed after due approval of the competent authority/opposite party no.1. He prays for and is directed to produce the relevant record in order to establish the said facts on the next date of listing.
As prayed, list on 25.04.2011.
This matter should not treated tied up or part heard before this Court.
Order Date :- 19.4.2011 Akhilesh