Allahabad High Court
Dr. Arvind Kumar Singh And Others vs State Of U.P. Thru. Addl. Chief ... on 29 March, 2023
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 18
Case :- WRIT - A No. - 2527 of 2023
Petitioner :- Dr. Arvind Kumar Singh And Others
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Krishi Shiksha Evam Anusandhan Vibhag And 5 Others
Counsel for Petitioner :- Vidhu Bhushan Kalia,Vaibhav Kalia
Counsel for Respondent :- C.S.C.,Ravi Singh Sisodiya,Uttam Kumar Verma
Hon'ble Alok Mathur,J.
1. Heard Sri Vidhu Bhushan Kalia, learned counsel for the petitioners, learned Standing counsel for respondent No.1, Sri Satyanshu Ojha, who has filed vakalatnama on behalf of respondent No.s 2 to 5 and Sri Chandan Srivastava holding brief of Sri Ravi Singh Sisodiya for respondent No.6. The vakalatnama filed by Sri Satyanshu Ojha is taken on record.
2. By means of the present petition the petitioners have challenged the order dated 13.1.2023 passed by the State Government thereby holding that the employees of of Chandra Shekahr Azad Agriculture and Technology, Kanpur have been granted the benefit of Career Advancement Scheme (CAS) without the approval of the Managing Committee and, thus denying approval to the order dated 23.12.2022.
3. Learned counsel for the petitioners submits that the petitioners are working on the post of Professor/Principal Scientist and Associate Profession/Senior Scientist and are working in Krishi Vigyan Kendras (K.V.K.s). It is stated that the persons working in K.V.K.s are guided by the terms and conditions determined by Indian Council for Agricultural Research (ICAR) and even the entire funding of the K.V.K.s is met by ICAR. As the petitioners were not granted benefit of C.A.S. they had approached this Court by means of writ A No.3985 of 2022 which was disposed of by this Court by means of judgment and order dated 19.12.2022 directing the respondents to take decision in the matter taking into account the letter dated 24th February, 2020 issued by ICAR as well as letter dated 6.11.2020 and other documents and take decision within a period of six weeks. It is in compliance of the order of this Court dated 19.12.2022 that the impugned order has been passed.
4. Learned counsel for the petitioner has fairly admitted the fact that the order dated 23rd December, 2022 granting benefit of CAS was passed in anticipation of approval by the Board of Management. He has further submitted that the time granted by this Court to take decision was not sufficient for convening the meeting of the Board and consequently only in anticipation of the approval the impugned order was passed.
5. After arguing the matter at some length learned counsel for the petitioner submits that the only alleged infirmity in the order dated 23rd December, 2022 is the fact that the approval of the Board of Management has not been granted and in case the Board of Management considers the recommendations of the selection committee dated 23rd December, 2022 and passes appropriate orders in this regard, the alleged infirmity in the entire process can be cured. Accordingly, he submits that a direction may be issued to the Board of Management to consider the resolution of the selection committee. It is further stated that in any view of the matter the resolution has to be placed before the Board of Management for approval only thereafter it can be made effective.
6. Learned counsel for the respondents do no object to the aforesaid prayer made by learned counsel for the petitioners.
7. In light of the above, the Court proceeds to dispose of this writ petition with direction to opposite party No.3 to convene meeting of the Board of Management (respondent No.2) expeditiously but not later than six weeks from the date a certified copy of this order is placed before him. In the meeting one of the agendas should be with regard to the approval of the resolution of the selection committee. The Board of Management shall consider the issue in relation to grant of benefit of Career Advancement Scheme to the petitioners which has culminated in the order dated 23rd December, 2022 in accordance with law.
8. With aforesaid directions the writ petition stands disposed of.
Order Date :- 29.3.2023 (Alok Mathur, J.)
RKM.
