Allahabad High Court
Ajay Kumar Tripathi & Ors. vs State Of U.P. Prin Secy Child ... on 10 May, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 37961 of 2018
Petitioner :- Ajay Kumar Tripathi & Ors.
Respondent :- State Of U.P. Prin Secy Child Devpt. Nutrition Deptt. & Ors.
Counsel for Petitioner :- Meenakshi Singh Parihar,Divyanshu Pratap,H.G.S. Parihar
Counsel for Respondent :- C.S.C.,Prem Shankar
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the parties.
This Court has passed the order dated 21.12.2018 as under:-
"Notice on behalf of opposite party nos. 1 and 2 has been accepted by learned Chief Standing Counsel whereas Sri Ashok Shukla, Advocate has accepted notice for opposite party no.3.
Heard, Sri H.G.S.Parihar, learned Senior Advocate assisted by Sri Divyanshu Pratap, learned counsel for the petitioners and Shri Devesh Pathak, learned Additional Chief Standing Counsel and learned counsel for the Caveator.
Issue notice to the opposite party nos. 4 to 20 returnable at an early date.
Submission of learned counsel for the petitioners is that the petitioners are eligible for promotion on the post of District Programme Officer but the case of the petitioners has not been considered and 19 persons have been promoted by means of the impugned order dated 17.12.2018 who are junior to the petitioners. Further submission of learned counsel for the petitioners is that the petitioner nos. 1,3 and 4 had filed the representations against their adverse entries awarded to them which are still pending and have not been decided. The petitioner no.2 has not been communicated any adverse entry by the competent authority. However, he has come to know that an adverse entry has been awarded to him on 20.07.2018. The representation of the petitioner no.5 against the adverse entry was also pending on the date of D.P.C. which was held on 22.10.2018 and the representation has been rejected on 25.10.2018. Therefore in case the D.P.C. was being held, the case of the petitioners should have been considered alongwith their representations against the adverse entries and in case of petitioner no.2 it should not have been considered as it has not been communicated. But it appears that the same were not sent by the Government and the broad sheet was not correctly made on the basis of documents because the two senior Assistants namely Rajendra Kumar Shukla and Amit Kumar Chauhan have been suspended by means of the order dated 17.12.2018 on the allegation that they have not prepared the broad sheet after examining the documents. Even then the government has issued the promotion orders on 17.12.2018 while it was found that board sheet was not prepared on the basis of documents.
He further submitted that the petitioners have earlier approached this Court by means of filing Writ Petition No. 35788 (S/S) of 2018(Ajay Kumar Tripathi & Ors. versus State of U.P. and others) in which the Standing Counsel was granted three days time to seek instructions on 12.12.2018 and the case was listed on 19.12.2018 but prior to 19.12.2018, the promotion order dated 17.12.2018 was issued. Therefore the said writ petition was withdrawn by the petitioners and accordingly the present writ petition has been filed as per the liberty granted by this Court.
He further submitted that the petitioners have made a complaint against the recommendations made by Public Service Commission on which the notice were issued to the petitioners and the petitioners were also called. The petitioners had submitted their written submissions but no decision has been taken and communicated to the petitioners till date.
On the basis of above, the broad sheet which has been prepared without examining the documents is a defective broad sheet so the promotions have wrongly been made on the basis of the recommendation made on the said defective broad sheet which are not sustainable in the eyes of law.
Learned counsel for the respondents pray for and are granted four weeks time to file counter affidavit. A week's time thereafter shall be available to the learned counsel for the petitioner to file rejoinder affidavit.
List in the second week of February 2019.
The promotions of the opposite party nos. 4 to 20 shall be subject to further orders passed by this Court.
In the meantime, decision if not taken on the complaint of the petitioners shall be taken and communicated to the petitioners. The decision so taken shall also be brought on record alongwith the counter affidavit."
By means of the aforesaid detailed order, this Court was pleased to grant four weeks' time to file the counter affidavit and one week's time for filing rejoinder affidavit with direction that the matter be listed in the second week of February, 2019. In the said order, it has categorically been indicated to take decision in the matter in the meantime.
Learned counsel for the petitioners has submitted that neither any decision has been taken in the matter nor any counter affidavit has been filed.
However, Sri Ran Vijay Singh, learned Additional Chief Standing Counsel has submitted that he has received the complete instructions in the matter.
On pointed query from the learned Additional Chief Standing Counsel as to whether the decision has been taken in the matter of the petitioner in terms or order dated 21.12.2018, he has submitted that he has no instructions on that point.
List this petition on 20.05.2019 as fresh within top ten cases to enable the learned Additional Chief Standing Counsel to file the counter affidavit enclosing therewith the copy of the decision, so taken, if any, in terms of order dated 21.12.2018.
If the decision has not been taken by the opposite party No.1, then the opposite party No.1 i.e. the Principal Secretary, Child Development & Nutrition Department, Government of U.P., Civil Secretariat, Lucknow shall appear in person before the Court along with the records to explain as to why despite the specific order being passed by this Court dated 21.12.2018, no decision has been taken.
Order Date :- 10.5.2019
Suresh/
[Rajesh Singh Chauhan,J.]
