Allahabad High Court
Munesh Bharti vs State Of U.P. And 4 Others on 23 February, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 2148 of 2021
Petitioner :- Munesh Bharti
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Sanjay Kumar Yadav,Jitendra Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
Present writ petition is preferred seeking following reliefs:-
"i) issue a writ, order or direction in the nature of mandamus commanding the respondents to determine the seniority of the petitioner on the post of Inspector since the year 2016.
ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to place the petitioner at correct place in the seniority list of the Inspectors during the pendency of instant writ petition before this Hon'ble Court."
Learned counsel for the petitioner has contended that the petitioner was initially appointed on the post of Sub Inspector in Civil Police on 01.8.2005. He was placed under suspension on 25.11.2015 on account of a communal riot. Thereafter, a departmental proceeding was finalized and he was awarded a censure entry. The said punishment order was set aside by Government order dated 24.9.2020. He further apprised that earlier the petitioner approached this Court by preferring Service Single No.25379 of 2018 (Kuldeep Kumar Singh vs. State of U.P. through Principal Secretary (Home) U.P. Civil Secretariat, Lucknow and others), which was disposed of on 10.9.2018 with following observations:-
"By means of the present petition, the petitioner has prayed for a mandamus commanding the respondents to determine/fix the seniority of the petitioner on the post of Inspector when other similarly situated Sub Inspectors were promoted on the post of Inspector and place the petitioner at correct place in the seniority list of Inspector.
It has been contended by learned counsel for the petitioner that Hon'ble Supreme Court in the case of R.K. Singh vs. State of U.P. and others reported in 1991 Supp. (2) SCC 126 has decided a similar controversy and has placed reliance on paragraph 2 of the said judgment which, for the sake of convenience is reproduced below:-
"2. After hearing learned counsel for the parties and having regard to the facts and circumstances of the case we are of the opinion that this appeal must succeed. There is no dispute that during the pendency of this appeal the appellant's representation against the adverse entries has been allowed and these entries have been expunged from his service record. Since the adverse entries were expunged the State Government by its order dated January 24, 1991 granted Selection Grade to the appellant with effect from the date he takes over charge. We fail to appreciate the view taken by the State Government. Once the adverse entries awarded to the appellant were expunged the appellant is entitled to Selection Grade with effect from January 1, 1986 the date on which he was eligible for grant of Selection Grade. We, accordingly, allow the appeal, set aside the order of the Central Administrative Tribunal and modify the order of the State Government dated January 24, 1991 and direct that the appellant shall be treated in Selection Grade with effect from January 1, 1986 and he will be entitled to all other consequential benefits with effect from that date. As regards appellant's further promotion, he will be considered for promotion in accordance with Rules."
Learned counsel for the petitioner further submits that in this regard, the petitioner has already submitted a representation dated 27.8.2018 (Annexure-4 to the writ petition) before the respondent No.3 and prays that the respondent No.3 may be directed to decide the same within a specified time.
Learned Additional Chief Standing Counsel does not oppose the disposal of the representation of the petitioner by the competent authority.
In view of the above, the writ petition is disposed of with a direction to the respondent No.3 to consider and decide the pending representation of the petitioner dated 27.8.2018 in accordance with law within a period of two months from the date of receipt of a certified copy of this order."
Learned counsel for the petitioner has placed reliance on the judmgent in R.K. Singh v. State of U.P. & Ors., 1991 Supp. (2) SCC 126, wherein Hon'ble the Apex Court has shown displeasure on the pretext that once adverse entries awarded to the appellant were expunged, the appellant is entitled to selection grade with effect from the date on which he was eligible for grant of selection grade. In the present matter the seniority of the petitioner has been determined on the post of Inspector since the year 2019 instead of the year 2016. Therefore, the claim of the petitioner is to be decided in the light of the judgment passed by Hon'ble Apex Court in R.K. Singh (Supra). The petitioner made several representations before the respondents but till today no action has been taken by the respondent authority. It has been pressed that the claim of the petitioner may be decided in the light of the judgement in R.K. Singh v. State of U.P. & Ors. (supra).
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally, asking the petitioner to move an appropriate application before the respondent no.3/Deputy Inspector General of Police (Establishment) at Lucknow within ten days from today. In case any such application is moved, the same would be redressed by the respondent no.3 in the light of judgement in R.K. Singh v. State of U.P. & Ors. (supra) strictly in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.2.2021
RKP
