Allahabad High Court
Suresh Pandey vs State Of U.P. Thru Prin.Secy. ... on 15 April, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 10546 of 2019
Petitioner :- Suresh Pandey
Respondent :- State Of U.P. Thru Prin.Secy. Irrigation & Water Lucknow
Counsel for Petitioner :- Shireesh Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Shireesh Kumar, learned counsel for the petitioner.
Notice on behalf of opposite party has been accepted by the office of the learned Chief Standing Counsel.
By means of this writ petition, the petitioner has assailed the order dated 14.03.2018, passed by the Principal Secretary, Department of Irrigation and Water Resources, Government of U.P., Lucknow, which is contained as Annexure No.8 to the writ petition, whereby the petitioner has been denied to be promoted on the post of Superintending Engineer w.e.f. 21.02.2014 indicating that since his sealed cover was opened and it was found that he was not eligible to be promoted on the post of Superintending Engineer w.e.f. 21.02.2014.
Learned counsel for the petitioner has submitted that on 21.02.2014 the juniors to the petitioner have been promoted on the post of Superintending Engineer but the candidature of the petitioner was not considered for no rhyme or reason. Therefore, the petitioner filed a claim petition before the learned State Public Services Tribunal, which was allowed vide judgment and order dated 19.10.2015, which is contained as Annexure No.6 to the writ petition, whereby the learned Tribunal was pleased to quash the order dated 01.10.2014, whereby the opposite parties were directed to allow the promotion to the petitioner for the post of Superintending Engineer (Mechanical) with effect from 21.02.2014, the date when juniors to the petitioner were promoted.
Feeling aggrieved out of order dated 19.10.2015 passed by the learned Tribunal, the State of U.P. had filed the writ petition before this Court bearing Writ Petition No.17038 (S/B) of 2016; State of U.P. & others vs. Suresh Pandey & another and the said writ petition was finally disposed of by this Court granting liberty to the petitioner to challenge the recommendation of the Departmental Promotion Committee for which the recruitment year 2013-2014, if he so desires. Further, this Court did not interfere with the judgment and order dated 19.10.2015 passed by the learned Tribunal.
Learned counsel for the petitioner has further submitted that despite the specific order being passed in favour of the petitioner on 19.10.2015 and despite the fact that there was nothing adverse against the petitioner, the petitioner was again ignored for promotion with effect from 21.02.2014 when juniors to the petitioner were promoted and those juniors have now been promoted on the post of Chief Engineer along with petitioner. However, the petitioner was not given promotion on the post of Superintending Engineer with effect from 21.02.2014.
Therefore, by means of this writ petition, the petitioner has prayed that the petitioner be promoted on the post of Superintending Engineer with effect from 21.02.2014 and allow him to be promoted to the post of Superintending Engineer (Mechanical) with effect from 21.02.2014 with all consequential service benefits.
The matter requires consideration.
Let the counter affidavit be filed within a period of three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List this petition on 21.05.2019 as fresh.
On the said date, the opposite parties shall produce the relevant records in respect of the petitioner.
Order Date :- 15.4.2019
Suresh/
[Rajesh Singh Chauhan,J.]
