Allahabad High Court
Sanjay vs State Of U.P. Thru Addl.Chief ... on 1 August, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 19825 of 2019
Petitioner :- Sanjay
Respondent :- State Of U.P. Thru Addl.Chief Secy. P.W.D. Lucknow And Anr.
Counsel for Petitioner :- Shireesh Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the parties.
On 24.7.2019, learned counsel for the petitioner had apprised the Court that on account of peculiar circumstances, functioning at State Public Services Tribunal was affected, therefore, despite the fact that interim relief application of the petitioner was pending for disposal, no order could be passed.
As per learned counsel for the petitioner, since the petitioner was left remedyless, for all practical purposes, he approached this Court by filing this petition seeking protection.
This Court vide order dated 24.7.2019 was pleased to direct the learned Addl. Chief Standing Counsel to seek complete instructions in the matter and till the next date of listing, one post of Engineer-in-Chief in the Public Works Department for the petitioner be kept reserved.
Today, Sri Ran Vijay Singh, learned Addl. Chief Standing Counsel has apprised the Court that smooth functioning of the Tribunal has been started and the petitioner may very well file an application for interim relief before the Tribunal and the Tribunal has got every power to consider and decide the said application for interim relief.
Therefore, considering the aforesaid submissions of learned counsel for the parties, the petitioner may prefer an interim relief application before the U.P. State Public Services Tribunal tomorrow and as per the procedure, the said application would be listed/ put up before the court concerned on 6.8.2019.
Submission of Sri Shireesh Kumar is that he shall definitely file an application for interim relief before the Tribunal tomorrow itself but he has apprehension that before 6.8.2019 two posts of Engineer-in-Chief shall be filled up and in that case, despite getting interim order in his favour, if it is granted by the Tribunal, the petitioner would get nothing. Therefore, Sri Shireesh Kumar has submitted that till consideration of interim relief of the petitioner before the Tribunal, at least one post of Engineer-in-Chief in Public Works Department may be kept reserved.
The aforesaid submission of Sri Shireesh Kumar, learned counsel for the petitioner appears to be bonafide, therefore, this writ petition is disposed of finally permitting the petitioner to prefer a fresh interim relief application before the U.P. State Public Services Tribunal by tomorrow and learned Tribunal is hereby requested to consider the interim relief application of the petitioner on 6.8.2019 and pass an order with promptness, if possible on the same day, strictly as per its authority and discretion. Till 6.8.2019, one post of Engineer-in-Chief in the Public Works Department shall be kept reserved for the petitioner.
Order Date :- 1.8.2019
RBS/-
[Rajesh Singh Chauhan,J.]
