State Of U.P.Thru Prin.Secy.Animal ... vs Dr. Basant Singh
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Allahabad High Court

State Of U.P.Thru Prin.Secy.Animal ... vs Dr. Basant Singh on 30 April, 2025

Author: Rajeev Singh

Bench: Rajeev Singh

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:24804-DB
 
Reserved
 
Court No. - 1
 

 
Case :- WRIT - A No. - 4553 of 2021
 

 
Petitioner :- State Of U.P.Thru Prin.Secy.Animal Husbandry Lucknow And Anr.
 
Respondent :- Dr. Basant Singh
 
Counsel for Petitioner :- C.S.C.
 
Counsel for Respondent :- Shireesh Kumar
 

 
Hon'ble Attau Rahman Masoodi,J.
 

Hon'ble Rajeev Singh,J.

1. Heard Sri Prafulla Kumar Yadav, learned Additional Chief Standing Counsel for the petitioner-State and Sri Shireesh Kumar, learned counsel appearing for the sole respondent.

2. The instant writ petition is filed with the following prayer :-

"(i) issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 7.6.2019, passed by the State Public Service Tribunal, Indira Bhawan, Lucknow in Claim Petition No.1159 of 2012 (Dr. Basant Singh Vs. State of U.P. & Ors.) and contained in Annexure No.1 to the writ petition.

(ii) issue any other writ, order or direction, which, this Hon'ble Court may deem fit and proper in the facts and circumstances of the case of the petitioner, including cost of petition in favour of the petitioners."

3. Briefly noted the facts of the case are that the respondent was appointed as Veterinary Assistant Surgeon in the Department of Animal Husbandry, Government of U.P. on 11.7.1963. Thereafter in 1978, Government of India issued a letter, whereby applications were invited from the interested individuals for empanelment of qualified Scientists and Academic staff for recruitment in under developed countries, in pursuant to which, the respondent had also applied. On 11.7.1979, Government of India again sought applications from interested candidates for the services of teaching personnel under the Somalia National University, against which, respondent applied and according to the respondent, he was empanelled for the aforesaid assignment and was sponsored by the Government of India to Somalia Democratic Republic for consideration of his appointment in Somalia National University. On 4.7.1979, the Government of India issued another order, whereby the empanelled personnel were informed that if they are interested for the post, they shall send their consent to the Department of Home Affairs, Government of India. Thereafter, Embassy of Somalia Government informed the respondent that he had been favourably considered by the Selection Committee for appointment in Somalia National University and he was directed to convey his acceptance for assignment by 10.7.1979. The date of departure of the respondent from New Delhi to Somalia was mentioned as 25.9.1979, in pursuance to which, respondent departed for Somalia without obtaining No Objection Certificate from the employer/Government of India.

4. Submission of the learned counsel for the petitioner is that as per the record, deputation of the claimant/respondent was extended for two years, for which, requests were made by Somalia Government to the Director, Animal Husbandry vide letters dated 20.9.1981 & 10.7.1982. It has further been submitted that the claimant-respondent gave his option to be absorbed in the Services of the Chandra Shekhar Azad Agriculture & Technology University, Kanpur w.e.f. 7.4.1983. It has also been submitted that in the meantime, State Government accepted the resignation of the claimant-respondent vide order dated 7.4.1983.

5. The claimant-respondent after returning from Somalia reported to Chandra Shekhar Azad Agriculture & Technology University, Kanpur and retired from there after attaining the age of superannuation on 30.6.2000. Learned counsel for the petitioner has also submitted that claimant-respondent moved an application to the State Government for treating the period of service from 10.10.1979 to 6.4.1983 as continuous service, which was spent in the Somalia University, for the purposes of pension, in pursuance whereof, the State Government wrote a letter to Director, Animal Husbandry vide letter dated 31.1.2011. In response to the same, Director, Animal Husbandry vide letter dated 22.3.2011 clarified that claimant-respondent went to Somalia without having been relieved by the State Government, on which, State Government vide order dated 15.7.2011 rejected petitioner's claim and clarified that since claimant-respondent proceeded to Somalia without having been relieved and without taking any permission from the State Government, therefore, his services w.e.f. 10.7.1979 to 6.4.1983 cannot be treated as continuous service.

6. Learned counsel for the State vehemently submitted that as the State Public Services Tribunal, U.P., Lucknow has failed to consider this aspect that respondent departed for Somalia National University without prior permission and having been relieved from the employer/State Government and wrongly set aside the order dated 15.7.2011 while allowing the claim petition of the respondent, therefore, present petition is liable to be allowed.

7. Learned counsel for the claimant-respondent, on the other hand, submitted that admittedly the respondent was empanelled as a Teaching Personnel by the Government of India and on the invitation of Government of India, application was submitted by the respondent through proper channel and on 11.9.1979, respondent informed the Government about his willingness to join the assignment in Somalia National University. Thereafter, on 22.9.1979, the Dean, Animal Husbandry and Veterinary College, Mathura wrote a letter addressed to the Director, Animal Husbandry, Government of U.P. to take a decision regarding the departure of respondent and to relieve him to join his new assignment. In the said letter, it was clear that if a decision is not received regarding relieving of the respondent, it would be deemed that the Director, Animal Husbandry has no objection towards the relieving of the respondent. Thereafter, on 3.10.1979, Government of India wrote to Director, Animal Husbandry seeking release of the respondent from the department to take up the assignment. It has vehemently been submitted that as no information was received from either Government of U.P. or the Director, Animal Husbandry, therefore, respondent got relieved and handed over his charge to senior Scientist of the College. Later on, the deputation of respondent was extended upto two years, for which, request was made by the Somalia Government to the Director, Animal Husbandry vide letters dated 20.9.1981 & 10.7.1982. However, when no reply was given by him, the respondent himself informed Director, Animal Husbandry regarding extension vide letter dated 3.9.1982, but no reply to the same was also given. It has also been submitted that the respondent continued his assignment in Somalia National University till 12.2.1985 and when he exercised his option for transfer of his service to Chandra Shekhar Azad Agriculture & Technology University, Kanpur, the respondent was informed that his resignation from Government service has been accepted and he has been absorbed in the services of the University w.e.f. 7.4.1983. He lastly submitted that once resignation of the respondent was accepted for the purposes of absorption in the services of Chandra Shekhar Azad Agriculture & Technology University, Kanpur, then question does not arise for not treating his services for the said period as continuous service for the purposes of service/pensionary benefits. It has, thus, been submitted that there is no illegality in the impugned order and the present writ petition is liable to be dismissed.

8. Considering the submissions of learned counsel for the petitioner, learned counsel for the respondent and going through the contents of the petition as well as other pleadings including the supplementary affidavit filed by Dr. Vijay Vikram Singh, Deputy Director, Department of Animal Husbandry, Lucknow, it is undisputed fact that respondent was appointed as Veterinary Assistant Surgeon in the Department of Animal Husbandry, Government of U.P. on 11.7.1963. Thereafter, decision was taken by the State Government vide Government Order dated 6.3.1976 for taking over the charge of Veterinary College, Mathura by Chandra Shekhar Azad University, Kanpur. Later on, the Government of India came up with a scheme in 1978, in which, applications were invited from the interested individuals for empanelment of qualified Scientists and Academic staff for recruitment in under developed countries and in response of the same, respondent applied and was included in the list of empanelled candidates. On 11.7.1979, Government of India again sought applications from empanelled candidates for recruitment of Teaching personnel by the Government of Somalia for services in the Somalia National University. The claimant respondent applied for the said assignment also, and his request was accepted, which, was communicated to him by the Embassy of Somalia vide letter dated 3.9.1979 and he was directed to convey his acceptance for assignment by 10.7.1979. Thereafter, under the direction of Government of India, respondent handed over the charge to his Senior Scientist and departed for new assignment. Admittedly, the deputation of respondent was extended for two years, for which, Somalia Government wrote two letters to the Director, Animal Husbandry, Government of U.P. on 20.9.1981 & 10.7.1982. Admittedly, the respondent himself also informed the Director, Animal Husbandry regarding extension vide letter dated 3.9.1982. The respondent continued on his assignment in Somalia National University till 12.2.1985. In the meantime, on the request of respondent, his services were absorbed in Chandra Shekar Azad Agriculture and Technical University, Kanpur w.e.f. 7.4.1983 and his resignation was also accepted by the State Government counting his deputation as continuous service. In the letter dated 7.4.1983 issued by the Department of Animal Husbandry, Government of U.P., it is stated that no adverse effect would be impacted due to resignation and for these purposes, the provisions of 418 of Civil Service Regulations would be treated as relaxed. In para 3 of the aforesaid letter, it is also mentioned that all the services of the respondent would be counted for the purposes of pension.

9. Evidently, the letter dated 7.4.1983 of Government of U.P. diminishes all the doubts and admittedly, the impugned order dated 15.7.2011 was passed without considering the contents mentioned in the Office memo dated 7.4.1983 passed by the State Government, by which, the resignation of the respondent was accepted with the condition that earlier services in the State Government would be considered for pensionary benefits.

10. In view of the above facts and circumstances, State Public Services Tribunal, Uttar Pradesh, Lucknow has rightly appreciated the case of the parties and passed the order dated 7.6.2019, warranting no interference by this Court.

11. In view of the above, this Court is of the view that there is no merit in the present writ and the same is hereby, dismissed. The order passed by the State Public Services Tribunal, Uttar Pradesh, Lucknow is upheld.

Order Date :- 30.04.2025

GauraV/-