Allahabad High Court
Surendra Singh vs State Of U.P. And 2 Others on 1 August, 2019
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - A No. - 10932 of 2019
Petitioner :- Surendra Singh
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Vibhu Rai,Abhinav Gaur
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
An order passed by the State Government dated 2.7.2019 is assailed in this petition. The order records that petitioner is being reverted in view of the directions issued by the Apex Court in Uttar Pradesh Power Corporation Ltd. Vs. Rajesh Kumar and others, (2012) 7 SCC 1. Consequential orders dated 2.7.2019 and 4.7.2019 have also been passed which are contained in Annexure-2 and 3 of the writ petition and are also challenged.
Learned senior counsel for the petitioner submits that petitioner was initially appointed on the post of Commandant. He was thereafter promoted to the post of Divisional Commandant in the year 2003. It is submitted that petitioner is entitled to be considered for next promotion to the post of Deputy Commandant General but instead of considering his claim for promotion the orders impugned have been passed. It is also submitted that even if benefit of accelerated promotion is denied to the petitioner, even then his reversion would not be required as persons junior to him have otherwise been promoted in the normal circumstances. It is also submitted that a list of eligible candidates was required to be prepared for promotion to the next higher post but it has also not been drawn and orders impugned have been passed only with an intent to deny consideration to petitioner's claim for promotion to the post of Deputy Commandant General.
Learned Standing Counsel on the other hand points out to an order passed by the Apex Court in Contempt Petition (C) No.214 of 2013 in C.A. No.2679 of 2011 (Amar Kumar and Ors Vs. Javed Usmani, C. Sec., Govt. of U.P. and Ors) in order to submit that a writ petition is not liable to be entertained in respect of the grievance relating to implementation of the directions of the Apex Court in the case of U.P. Power Corporation Limited (supra). The contempt petition appears to be pending before the Apex Court arising out of implementation of the directions issued in the case of U.P. Power Corporation Limited (supra), wherein following observations have been made:-
"It is submitted by Mr. Ravi Prakash Mehrotra, learned counsel for the State of U.P that the judgment passed in Uttar Pradesh Power Corporation Limited vs. Rajesh Kumar and others (2012) 7 SCC 1, shall be complied with in letter and spirit within three weeks hence and the officers, who are to be reverted shall be reverted and they shall not be given any kind of additional charge. The Chief Secretary of the State of Uttar Pradesh shall file an affidavit by 15th September, 2015, stating that the same has been done, failing which this Court may be compelled to direct his personal appearance. No further adjournment or extension of time shall be granted on that score.
Be it added, the High Court shall not entertain any kind of petition with regard to the controversy that is covered in the decision rendered in Uttar Pradesh Power Corporation Limited (supra) or even linked with it.
The Registrar (Judicial) is directed to send a copy of this order to the Registrar General of the High Court of Allahabad, to be placed before the learned Chief Justice so that he can do the needful in the matter.
List the matters on 15th September, 2015."
Since the Apex Court has clearly observed that such petitions are not to be entertained by this Court, and remedy of the aggrieved persons would be to approach the Grievance Redressal Cell constituted by the State, as such this writ petition is not liable to be entertained.
Leaving it open for the petitioner to approach the State for consideration of his claim, in accordance with law, which shall be dealt with by the competent authority, this petition is consigned to records. It goes without saying that authority competent shall deal with petitioner's grievance, expeditiously.
Order Date :- 1.8.2019
Ashok Kr.
