Dismissed

Sarvesh Kumar Dubey v. State of U.P. and 3 Others

Allahabad HC11 Jan 2022SPLAD/901/2021

Case brief

AI extract

What is this about?

Special Appeal dismissing an appeal against a Single Judge's order which upheld an employer's rejection of a No Objection Certificate for deputation based on departmental staffing shortages. The High Court found no error in the dismissal.

What did the court decide?

Special Appeal dismissed on the findings that no error was committed by the employer in rejecting the No Objection Certificate due to staff shortage.

Sarvesh Kumar Dubey Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2022)

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Chief Justice's Court Serial No.31

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**HIGH COURT OF JUDICATURE AT ALLAHABAD *****

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SPECIAL APPEAL DEFECTIVE No. - 901 of 2021

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(Arising out of Writ-A No. 12429 of 2021)

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Sarvesh Kumar Dubey

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.....Appellant

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Through :- Mr. Vinit Mishra, Advocate

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v/s

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State of U.P. and 3 Others

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.....Respondent

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Through :- Mr. Ramanand Pandey, Additional Chief Standing Counsel for respondent Nos.1 to 3

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CORAM : HON'BLE RAJESH BINDAL, CHIEF JUSTICE

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HON'BLE PIYUSH AGRAWAL, JUDGE

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ORDER

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C.M. Exemption Application No.1 of 2021

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For the reasons stated in the application, filing of certified copy of the impugned order is exempted.

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Application stands disposed of.

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On Appeal

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Order dated September 27, 2021 passed by the learned Single Judge has been impugned in the present appeal.

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It is a case in which the appellant sought No Objection Certificate from his employer for joining to the post of Assistant Finance and Accounts Officer for which he was selected. His application for grant of No Objection Certificate has been rejected for the reason that the department is short of accountants, hence no one can be allowed to be appointed on deputation to other departments.

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It is not in dispute that at the time of submission of the application for appointment on deputation, the appellant had not sought any No

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2 SPLAD No. 901 of 2021

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Objection Certificate from his present employer.

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The learned Single Judge has dismissed the writ petition finding no error in the order passed by the employer of the appellant that on account of shortage of staff they cannot give No Objection Certificate to the employees for joining on deputation to different departments.

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We do not find any error in the order passed by the learned Single Judge.

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The present appeal is, accordingly, dismissed.

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(Piyush Agrawal, J.) (Rajesh Bindal, C.J.)

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Allahabad 11.01.2022

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Kuldeep/Rakesh

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Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No

Sarvesh Kumar Dubey v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Sarvesh Kumar Dubey v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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