Allahabad High Court
Agni Kumar vs State Of U.P. Through Secy. ... on 1 March, 2023
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 22
Case :- WRIT - A No. - 5944 of 2015
Petitioner :- Agni Kumar
Respondent :- State Of U.P. Through Secy. Agriculture Deptt. Lko. And Ors.
Counsel for Petitioner :- Prabhat Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Brij Raj Singh,J.
Heard learned counsel for the petitioner and learned standing counsel.
By the present writ petition, the petitioner has prayed primarily for the following reliefs:-
"a. issue a writ, order or direction in the nature of certiorari thereby quashing the part of impugned order dated 4.12.2014, passed by the opposite party no.2 as contained in Annexure no.1 to this writ petition, which only provides notional promotion without arrears of salary against Subordinate Agriculture Service Group-II post since 24.1.1980 to the petitioner.
b. issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party no.2 to provide the petitioner's regular promotion in Subordinate Agriculture Service Group-II with arrears of salary since 24.1.1980 alongwith 12% interest."
Learned counsel for the petitioner has submitted that earlier, the petitioner had filed Writ Petition No.307 (S/S) of 2014 to give regular promotion in Subordinate Agriculture Service Group-II with effect from 24.1.1980. The writ petition was disposed of by the judgment and order dated 1.8.2014 in terms of the judgment and order dated 19.5.2006 passed in Writ Petition No.6368 (S/S) of 1997 and the benefit of the said judgment was extended to the petitioner. By the judgment and order dated 1.8.2014, it was further directed that the petitioner will be entitled for the service benefit while deciding the controversy.
Learned counsel for the petitioner has further submitted that the Writ Petition No.6368 (S/S) of 1997 was decided and the Court passed judgment and order dated 19.5.2006 with direction to the opposite parties to consider the claim of the petitioner to give promotion on the post of S. A. S. Group-II following the principle of seniority subject to rejection of unfit. All benefits of promotions to the post and the allowances etc. was directed to be given with retrospective effect from the date any junior to them was promoted. He has submitted that in pursuance of the directions issued by this Court, the impugned order dated 4.12.2014 has been passed by which notional promotion has been given but the financial benefit has been denied to the petitioner which is not sustainable in the eyes of law. He has further submitted that once it is found that the petitioner is entitled for notional promotion, then financial benefits with all consequences should follow but the same has been denied to the petitioner.
On the other hand, learned standing counsel has submitted that the petitioner can be provided notional promotion but financial benefit cannot be granted in view of the fact that the petitioner was not promotion on the post in question at the relevant time.
While disposing of the aforesaid Writ Petition No.307 (S/S) of 2014, this Court had directed that the petitioner is entitled for benefits of the judgment and order dated 19.5.2006 (supra). The opposite party has passed the impugned order which is not sustainable wherein, the petitioner has been denied financial benefits. Once it is found that the petitioner was entitled for promotion, then certainly, consequences will follow and the petitioner will be given financial benefits.
Accordingly, the writ petition is allowed. The impugned order dated 4.12.2014 contained in Annexure No.1 to the petition, so far it relates to the petitioner, is quashed. The O.P. No.2 Director, Agriculture, U.P. Krishi Bhawan, Lucknow is directed to provide the financial benefits of the post i.e.,Subordinate Agriculture Service Group-II from the date of the promotion i.e., 24.1.1980 with all consequential benefits within a period of two months from the date of production of a certified copy of this order.
No orders as to costs.
Order Date :- 1.3.2023
Rajneesh JR-PS)
