Rabendra Bahadur Singh & 4 Ors. ... vs State Of U.P. Thru Secy. Minor ...
2015 Latest Caselaw 5219 ALL

Citation : 2015 Latest Caselaw 5219 ALL
Judgement Date : 9 December, 2015

Allahabad High Court

Rabendra Bahadur Singh & 4 Ors. ... vs State Of U.P. Thru Secy. Minor ... on 9 December, 2015

Bench: Devendra Kumar Arora




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 24
 

 
Case :- SERVICE SINGLE No. - 1305 of 2008
 
Petitioner :- Rabendra Bahadur Singh & 4 Ors. [Hearing List]
 
Respondent :- State Of U.P. Thru Secy. Minor Irrigation & 4 Ors.
 
Counsel for Petitioner :- Onkar Nath,Akhilesh Misra,S K Verma,Surya Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Dr. Devendra Kumar Arora,J.

Sri S.K.Verma, Advocate appearing for the petitioners states that petitioner no.2 had left for heavenly abode and his legal representative/heirs do not want to pursue the matter any further.

Accordingly, the writ petition stands abated as far as petitioner no.2 is concerned.

It is further stated that petitioner no. 3 and 4 are not interested to pursue the matter any further and the same may be dismissed as far as petitioner no.3 and 4 are concerned.

In these circumstances, the writ petition is dismissed as not pressed as far as petitioners no.3 and 4 are concerned.

On perusal of the record and pleadings, it comes out that petitioners were given promotion on the post of Boring Technician w.e.f. 4.7.1993 Subsequently on the directions issued by this Court in Writ Petition No. 1717/04; Jagdish Singh and others vs. State of U.P.and others, when representations of the persons senior to the petitioners were considered, such senior persons were given promotion w.e.f. 1.4.1997 but without any reasoning, the date of promotion of the petitioners has been altered as 1.12.2002. From the pleadings, it is not clear as to whether these promotions were made against the vacant post and in consonance with Rule 16(1) of the Service Rules which prescribes procedure for promotion, constitution of selection committee, preparation of eligibility list and criterion for promotion.

In the backdrop of the aforesaid facts, Standing Counsel is directed to file a supplementary counter affidavit indicating all relevant facts and clarifying the position.

List this case in the second week of January, 2016.

Order Date :- 9.12.2015

MH/-