Vivek Kumar And Others vs State Of U.P. Thru Its Prin Secy ...
2018 Latest Caselaw 1255 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- SERVICE SINGLE No. - 17403 of 2018
 

 
Petitioner :- Vivek Kumar And Others
 
Respondent :- State Of U.P. Thru Its Prin Secy Deptt Of Finance & Another
 
Counsel for Petitioner :- Hemant Kumar Mishra,Arti Ganguly
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard learned counsel for the parties.

In compliance of order dated 05.06.2018, the learned Additional Chief Standing Counsel has sought instructions and on the basis of instructions, it has been submitted that the petitioners were however promoted vide order dated 13.03.2015 on the post of Senior Auditor but that promotion order was not made strictly in accordance with law and thereafter one gradation list in the cadre of the petitioners has been circulated treating the petitioners as Auditor and the identically placed persons to the petitioners have assailed the said gradation list by filing writ petition bearing Writ Petition No.2060 (S/S) of 2016 before this Court and no interim order has been granted by this Court, therefore, learned Additional Chief Standing Counsel has submitted that the petitioners may not be treated as Senior Auditor.

Learned counsel for the petitioners has vehemently submitted that pursuant to the promotion order dated 13.03.2015, the petitioners have been discharging the duties of Senior Auditor and have been getting salary admissible for the post of Senior Auditor till date and if by means of transfer order the authority concerned is treating the petitioner as Auditor, the same would be demotion and as per the settled proposition of law, no order of demotion can be passed without affording an opportunity of hearing to the persons concerned.

The aforesaid submission of learned counsel for the petitioners finds substance.

Since the petitioners are ready to submit their joining on the transferred posts, therefore, the petitioners are required to submit their respective joining at the transferred place, but till the next date of listing, they would not be treated as Auditor and in case there is no post available of Senior Auditor at the transferred place, the pay of the petitioners on the promotional posts shall be protected. However, the liberty is provided to the Competent Authority of the State-respondents to pass afresh order, if so needed, strictly in accordance with law, keeping in view the observations made here-in-above.

Learned Additional Chief Standing Counsel is required to file the comprehensive counter affidavit indicating the reasons as to why the petitioners are being treated as Auditor in the transfer order dated 24.05.2018, whereas they have been getting salary and all other benefits admissible for the post of Senior Auditor.

Let the counter affidavit be filed within a period of three weeks. Rejoinder affidavit, if any, may be filed within a period of ten days thereafter.

List this case in the second week of July, 2018 as fresh along with Writ Petition No.2060 (S/S) of 2016.

Order Date :- 7.6.2018

Suresh/

[Rajesh Singh Chauhan,J.]