Uttarakhand High Court
WPSS/870/2021 on 22 July, 2021
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
WPSS No.870 of 2021
Hon'ble Sharad Kumar Sharma, J.
(Via Video Conferencing)
Mr. C.K. Sharma, Advocate for the
petitioners.
Mr. Gopal K. Verma, Standing Counsel
for the State of U.P./respondent no.1.
Mr. Anil Kumar Joshi, Advocate for
respondent nos.2, 3 & 4.
An issue came up for consideration before
the Lucknow Bench of Allahabad High Court in
a writ petition being Writ Petition No.6360 of
2020 (S/S); whereby the petitioners have
claimed the service benefits of selection grade
and for an additional extra increment in the
selection grade and the first promotional pay
scale.
The said claim was decided by the
Coordinate Bench of Lucknow Bench of
Allahabad High Court vide its judgment of
03.03.2020, whereby the respondent no.2
therein in that writ petition, was directed to
decide the representation of the petitioner in
accordance with law by speaking order within a
period of three months. Relevant part is
extracted herein below:-
"6. In case such a representation is
moved by petitioners, respondent no.2
shall consider and decide the same in
accordance with law by a reasoned and
speaking order within a period of three
months from the date a certified copy of
this order along with representation is
placed before him.
7. It is made clear that this court has
not applied itself on the merits of the case
and all questions, including the
applicability of the Prem Singh (supra)
judgment, are left open to be considered
and decided by the competent authority in
accordance with law.
8. With the aforesaid directions, the
writ petition is disposed of.
Order date : 03.03.2020
Arti/-
(Vivek Chaudhary, J.)
It is argued by the counsel for the
petitioners that in compliance of the judgment
dated 03.03.2020, thereto, the Managing
Director of Uttar Pradesh Rajkiya Nirman
Nigam, Limited, had passed an order on
30.06.2020, whereby the benefit was extended
to the petitioners as would be apparent from
(Annexure 16) to the writ petition.
The grievance of the petitioners is that
subsequent thereto, it is the Managing Director
of the U.P. State Construction, Limited,
Lucknow, which has passed the subsequent
impugned order, which is impugned in the
present writ petition i.e. dated 16.02.2021,
whereby the benefit, which was extended by the
order of Managing Director dated 30.06.2020
has been withdrawn.
I am of the view that since the order dated
30.06.2020, was passed by the Managing
Director, of the respondents, whose headquarter
is situated at Lucknow, and that too in the order
itself while it was passed as an enforcement of
the judgment of 03.03.2020, passed in Writ
Petition No.6360 of 2020 (S/S), by the Lucknow
Bench of Allahabad High Court, any subsequent
order passed by the Managing Director of U.P.
Government Construction Corporation Limited,
the appropriate remedy available to the
petitioners, would be to approach the Lucknow
Bench of Allahabad High Court, itself because
that would be an appropriate court, which could
be better able to scrutinize the propriety of the
order, which has been passed by the Managing
Director i.e. respondent no.3, in consonance to
its earlier judgment of the Lucknow Bench of
Allahabad High Court rendered in Writ Petition
No.6360 of 2020 (S/S).
For the aforesaid reasons, I am of the view
that the petitioners, have remedy to approach
before the Lucknow Bench of the Allahabad
High Court. The writ petition would not be
maintainable, before this Court merely because
of the fact that the petitioners contend that they
have been posted at Uttarakhand.
Subject to the above liberty, the writ
petition stands dismissed as withdrawn.
(Sharad Kumar Sharma, J.)
22.07.2021
Arti
