Smt. Raj Kumari vs State Of U.P. And 3 Ors.
2016 Latest Caselaw 6293 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 44405 of 2016
 

 
Petitioner :- Smt. Raj Kumari
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Javed Husain Khan,Gulrez Khan,W.H. Khan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

It is contended on behalf of the petitioner that under rule 25 of the U.P. Palika (Centralized) Service Rules, 1966 (In short Rules, 1966) only State Government has power to transfer the employee. Learned counsel for the petitioner has placed reliance on a judgment of the Division Bench of this Court in the case of Girdhari Lal Swarnkar v. State of U.P. and others, Writ-C No.47309 of 2013 wherein this Court has held that Rules, 1966 do not contemplate any delegation of powers by the State Government in the matter of appointment upon the District Magistrate or any other authority. The relevant part of the judgment is quoted hereinbelow:

"31- We further issue following directions:

   The State Government may-

(a) resort to the provisions of Rule 6, proviso of the Rules, 1966 for making appointments on deputation on the posts of Executive Officer, Nagar Panchayats/Nagar Palika Parishads throughout the State of Uttar Pradesh, wherever required;

or

make adhoc officiating appointments on the posts of EO, if required, in accordance with Rule 31 of the Rules 1966."

Learned Standing Counsel was granted time to seek instruction in the matter on 20.09.2016. It is stated by the learned Standing Counsel that he has received the instruction. He may file a counter affidavit within ten days.

Smt. Kamla Singh has put in appearance on behalf of respondent no.4. Respondent no. 4 may also file counter affidavit within the same period.

Rejoinder affidavit, if any, may be filed within three days thereafter.

Put up this case in the additional cause list on 25.10.2016.

Having regard to the fact that the impugned order has been passed by the District Magistrate, who has no authority to pass the impugned order in view of the judgment of the Division Bench mentioned above. The petitioner has made out a prima-facie case.

Till the next date of listing the effect and operation of the impugned order dated 17/19-08-2016 insofar as Nagar Palika Parishad, Pukhrayan is concerned, shall be kept in abeyance.

Order Date :- 29.9.2016

AU