Allahabad High Court
Arun Kumar vs State Of U.P. Thru Chief Secy. ... on 16 May, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 13755 of 2019
Petitioner :- Arun Kumar
Respondent :- State Of U.P. Thru Chief Secy. Lucknow And Others
Counsel for Petitioner :- Mukund Tewari
Counsel for Respondent :- C.S.C.
CONNECTED WITH
Case :- SERVICE SINGLE No. - 13591 of 2019
Petitioner :- Satya Narain And Another
Respondent :- State Of U.P. Thru Chief Secy. Lok Bhavan And Ors.
Counsel for Petitioner :- Mukund Tewari
Counsel for Respondent :- C.S.C.,Vivek Saxena
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Mukund Tewari, learned counsel for the petitioners.
Notices on behalf of opposite parties have been accepted by the office of the learned Chief Standing Counsel.
Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State-respondents has submitted that this matter and one identical matter i.e. Writ Petition No.13591 (S/S) of 2019 would be argued by the learned Additional Advocate General, therefore, he has submitted that the matter may be adjourned for today.
The precise point, as per learned counsel for the petitioners, involved in both the writ petitions is that the petitioners being eligible to be promoted on the post of Chief Engineer (Level-II) (Civil) in the Department of Irrigation and Water Resources but their names have not been included in the eligibility list.
Sri Mukund Tewari, learned counsel for the petitioners has submitted that in the earlier eligibility list dated 18.08.2017, 23.07.2018 and 07.03.2019, the names of the petitioners have found place, but in the present eligibility list i.e. 18.03.2019 the names of the petitioners do not find place.
Sri Tewari has further submitted that under Rule 5 (iii) of U.P. Service of Engineers (Irrigation Department) (Group-A) Service Rules, 1990 (here-in-after referred to as the "Rules, 1990") the promotion to the post of Chief Engineer (Level-II) (Civil) shall be made amongst the candidates substantively appointed on the post of Superintending Engineers in the Civil, who have completed twenty-five years' of service including atleast one year service as Superintending Engineer on the first day of the year of recruitment. Therefore, Sri Tewari has submitted that the petitioners have fully eligible as per Rule 5 (iii) of the Rules, 1990 but their names do not find place in the eligibility list dated 18.03.2019 for no cogent reasons. However, their names have found place in earlier eligibility list, as stated above.
Sri Tewari has also submitted that to the best of information of the petitioners, the D.P.C. for making promotion to the post of Chief Engineer (Level-II) (Civil) may convene today or tomorrow i.e. 17.05.2019. Therefore, in the ineterest of justice and so as to avoid third party interest, the interim protection to the extent that till the specific instructions are received and informed to the Court, the status-quo, as on today, be maintained.
The aforesaid submission of Sri Tewari, learned counsel for the petitioners appears to be appropriate.
List / put up this case on 20.05.2019 in the additional cause list to be taken up at 12:30 p.m.
Till the next date of listing, the status-quo as on today, shall be maintained. However, this interim protection may not be extended on the next date without hearing learned counsel for the parties.
Order Date :- 16.5.2019
Suresh/
[Rajesh Singh Chauhan,J.]
