Om Prakash vs State Of U.P. And Others
2011 Latest Caselaw 1498 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 
Case :- WRIT - A No. - 25972 of 2011
 
Petitioner :- Om Prakash
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Kalp Nath Bind,Krishna Nand Singh
 
Respondent Counsel :- C.S.C.,Bharat Garg
 

 
Hon'ble V.K. Shukla,J.

Learned Standing counsel has accepted notice on behalf of respondent nos. 1,2,3,4 and 5. Sri Bharat Garg, Advocate has accepted notice on behalf of respondent no. 6.

Each one of the respondent is accorded six weeks time for filing counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.

List thereafter.

It has been contended on behalf of the petitioner in the present case that in terms of the provisions as contained under Rule 8A of U.P. Government Servants Seniority (Third Amendment Rules), 2007, benefit had been extended to him and based on the said seniority so determined, his claim had been considered for promotion and same had been accorded to him. Petitioner submits that in such a situation and in this background without providing opportunity of hearing to him his promotion could not have been cancelled. Petitioner has placed reliance on the judgment of this Court in writ petition no. 63127 of 2010 Mukund Kumar Srivastava Vs. State of U.P. and another, wherein this Court has refused to entertain the challenge vis-a-vis seniority list prepared in consonance with the provisions as contained under Rule 8A of U.P. Government Servants Seniority (Third Amendment Rules), 2007. Qua the same is would be relevant to point out that another Division Bench of this Court at Lucknow has proceeded not to subscribe the view which has been taken in writ petition no. 63127 of 2010 in judgment delivered on 4th January, 2011 in writ petition no. 146 of 2009 Rajesh Kumaer and others Vs. U.P. Powers Corporation and others. Against the said judgment Special Leave to Appeal has been filed before Hon'ble Apex Court being civil appeal no. 3916 of 2011 and the said Special Leave of appeal had been entertained by Hon'ble Apex Court and therein directives have been issued for maintaining status quo.

Once issue  raised in the present writ petition is engaging the attention of Apex Court, and the issue raised is debatable one and requires consideration by this Court also and order passed is ex parte to petitioner, in such a situation and in this background, the order dated 25th April, 2011 passed by District Development Officer, Moradabad is directed to be kept in abeyance.

Order Date :- 4.5.2011

Sanjeev