Court disposed of a promotion petition by relying on a linked judgment in Writ-A No. 8878/2024 directed competent authorities to expedite the filling of vacant Deputy Director posts via the DPC.
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Neutral Citation No. - 2024:AHC-LKO:68156
Court No. - 4
Case :- WRIT - A No. - 7740 of 2024
Petitioner :- Sanjay Kumar Pandey Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others
Counsel for Petitioner :- Rakesh Kumar Agarwal,Saksham Agarwal Counsel for Respondent :- C.S.C.,Raj Kumar Upadhyaya (R.K.Upadhyaya)
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Saksham Agarwal, learned counsel for the petitioner and Sri Vivek Singh, learned Standing Counsel and Sri R.K. Upadhyay, learned counsel for the opposite party no. 4.
This Court has passed the order dated 01.10.2024 in re:- Writ-A No. 8878 of 2024, Anoop Kumar Vs. State of U.P. and others, which reads as under :-
"Heard Ms. Savita Jain, learned counsel for the petitioner and Sri Vikas Singh, learned Standing Counsel and Sri R.K. Upadhyaya, learned counsel for the opposite party no. 4.
By means of this petition, the petitioner has prayed the following relief:-
"To issue a writ, order or direction in the nature of mandamus commanding and directing the Opp. parties to convene a meeting of Departmental Promotion Committee (D.P.C.) for promotion on the vacant post of Deputy Director, Forensic Science Laboratory, Uttar Pradesh in accordance with the provisions of the U.P. Forensic Science Laboratory Technical Officers Service Rules, 2016 and accordingly give promotion to the petitioner, if found suitable, on the recommendation of the committee forthwith with all consequential benefits."
Learned counsel for the petitioner has drawn attention of the Court towards Annexure No. 6, which is an order dated 10.09.2024 passed by this Court in Writ-A No. 7740 of 2024, Sanjay Kumar Pandey Vs. State of U.P. and others which reads as under:-
"1. Heard Shri Saksham Agarwal, learned counsel for the petitioner; Shri R.P.S. Chauhan, learned Additional C.S.C. for the State-respondents and Shri R.K. Upadhyaya, learned counsel for the opposite party no.4.
2. This matter has been taken up on the mention being made yesterday on the submission of the learned counsel for the petitioner that the D.P.C. (Departmental Promotion Committee) considering the promotion on the post of Deputy Director, Forensic Science Laboratory, U.P. is going to convene on 11.09.2024 and no updated seniority list has been circulated by the Department, resultant thereof, the name of the petitioner may likely to be ignored for such promotion despite the fact that he is also eligible to be considered for promotion on the said post.
3. Attention has been drawn towards annexure no. 16 which is an order dated 13.8.2024 passed by this Court in Writ-A No. 6462 of 2024 in re: Sanjay Kumar Singh and 3 others vs. State of U.P. and others, whereby the direction was issued to hold the D.P.C. for
promotion on the five substantively vacant post of Deputy Director, Forensic Science Laboratory, U.P. Pursuant to the aforesaid order, the D.P.C. is going to convene on 11.09.2024.
4. Learned counsel for the petitioner has stated that all the four petitioners in re: Sanjay Kumar Singh (supra) are senior to the present petitioner, therefore, the present petitioner has no quarrel of any kind whatsoever with Sanjay Kumar Singh and others, the petitioners of Writ-A No. 6462 of 2024.
5. Learned counsel for the petitioner has submitted that vide order dated 10.02.2022 passed by the Additional Chief Secretary, Department of Home (Police) Anubhag-9, U.P. (annexure-14), the direction was issued to place the petitioner at Sl. No. 33, above Smt. Anita Pundir who is at Sl. No. 34. In the said order, it has been specifically indicated that the present petitioner has been given notional promotion w.e.f. 2015-16. He has further submitted that since the aforesaid order has been passed by the competent authority i.e., Additional Chief Secretary of the Department, then the seniority list dated 29.3.2019 (annexure-17) should have been modified and the petitioner should have been placed above the name of Smt. Anita Pundir whose name finds place at Sl. No. 28 but no such updated/modified seniority list has been issued, resultant thereof, even if the names of the suitable candidates are considered from the aforesaid gradation/seniority list dated 29.3.2019, the candidature of the petitioner may likely to be ignored being not available in such gradation list.
6. Learned counsel for the petitioner has also submitted that to the best of his information, nine substantively vacant posts of Deputy Director, Forensic Science Laboratory, U.P. are available and if Shri Sanjay Kumar Singh and 3 others (supra) are promoted on the post of Deputy Director, five posts would be available in the Department to promote on the said post. Since some senior persons have already been promoted on the post of Joint Director, therefore, the candidature of the petitioner may be considered for the promotion.
7. Learned Additional C.S.C. has stated that since this petition has been taken up on mention, therefore, he could not receive complete instructions in the matter but he has informed on the basis of instructions that in compliance of the order dated 13.08.2024 (annexure-16) (supra), the D.P.C. is going to commence tomorrow i.e., 11.09.2024 but so far as the claim of the petitioner is concerned, as submitted by the learned counsel for the petitioner, he will have to seek complete instructions in the matter.
8. Be that as it may, if the D.P.C. is going to commence tomorrow i.e., 11.09.2024, then the suitable senior persons as per gradation list may positively be considered strictly in accordance with law and the date of D.P.C. may not be postponed but if in terms of the order dated 10.02.2022 (annexure-14) (supra), the exercise to place the petitioner above Smt. Anita Pundir has not been undertaken, the appropriate exercise may be undertaken, strictly in accordance with law to ensure that the appropriate exercise is done with the petitioner and if some time is required to do the aforesaid needful exercise, at least the candidature of Shri Sanjay Kumar Singh and 3 others (supra) as well as other suitable persons who are at par with them may be considered in the D.P.C. which is going to commence tomorrow i.e., 11.09.2024 and for the petitioner, the decision may be kept pending till the next meeting of the D.P.C. but in any case if the Department is having 9 vacant posts on the promotional cadre i.e., Deputy Director, those promotional posts should be filled up, strictly in accordance with law.
9. List this case on 17.09.2024 as fresh to enable the learned Additional C.S.C. to apprise the outcome of the D.P.C. and also the decision, if any, so taken pursuant to this order.
10. It is made clear that on account of the aforesaid observations, no prejudice would be caused to Shri Sanjay Kumar Singh and 3 others (supra).
11. This matter may be taken up after fresh cases."
Ms. Jain has further submitted that at the time of hearing of that petition, one fact has been noted by the Court that the department is having nine vacant post on the promotional cadre, i.e., Deputy Director and the eligibility list of ten persons has been enclosed as Annexure No. 5, showing the name of the petitioner at Sr. No. 8. Ms Jain has stated that top
five persons have already been promoted on the promotional post vide DPC which convened on 11.09.2024. Now, four vacant posts are available with the department. After the order being passed in the case of Sanjay Kumar Pandey (supra), his name has been placed above Smt Anita Pundir, whose name finds place at Sr. No. 6, therefore, Sri Sanjay Kumar Pandey, Smt Anita Pundir, Sri Atul Kumar Tripathi and Sri Anoop Kumar (petitioner) are the persons who may be considered for promotional post against the four vacant post of promotional cadre.
Ms Jain has further submitted that the petitioner is going to retire on 13th December 2024, therefore, the opposite parties may be directed to convene the DPC at the earliest so that the petitioner could be promoted on the promotional post, i.e., Deputy Director before his retirement. She has also stated that the aforesaid exercise may be undertaken if the candidature of the petitioner is suitable for the promotional post. Therefore, she requested that any appropriate direction maybe issued.
Sri Vikas Singh, learned Standing Counsel as well as Sri RK Upadhyaya, learned counsel for the Commission has stated that they have no information about any meeting of DPC. Sri Upadhyaya has stated that no requisition has been sent by the department for considering the promotion on the vacant post of the promotional cadre.
Having heard the counsel for the parties and having perused the material available on record, if in compliance of the order dated 10.09.2024 passed in re: Sanjay Kumar Pandey, and one another writ petition bearing Writ-A No. 6462 of 2024, Sanjay Kumar Singh and others Vs. State of U.P., the DPC convened on 11.09.2024, promoting five persons on the promotional post, whose name finds place in list of eligible persons (Annexure No. 5), the remaining four vacant post of promotional cadre should have been filled up strictly in accordance with law. Therefore, the competent authorities are directed to take necessary steps to fill up remaining four vacant post of promotional cadre, i.e., Deputy Director, constituting the meeting of departmental promotion committee with expedition and four suitable persons may be promoted on the post of promotional cadre, i.e., Deputy Director with expedition, preferably, within a period of one month from the production of certified copy of the order of this court thereafter consequential orders may be passed.
It is made clear that the suitability of persons would be examined by the competent authority strictly in accordance with law before promoting them on the promotional post, i.e., Deputy Director.
The writ petition is disposed of accordingly."
In the aforesaid order, the order in re: Sanjay Kumar Pandey has been reproduced and since, the matter is identical with Anoop Kumar and the name of Sanjay Kumar Pandey is above Anoop Kumar in the select list, therefore, this writ petition is disposed of finally in terms of the order being passed in re: Anoop Kumar (Supra).
Order Date :- 1.10.2024 Anurag
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the petitioner should be promoted to the post of Deputy Director, Forensic Science Laboratory, in accordance with previous court orders regarding vacant posts.
Whether suitable senior persons as per the gradation list should be considered for promotion before the petitioner's retirement.
Colour shows how this judgement treated each authority
Anoop Kumar Vs. State of U.P.Relied on¶8
Writ-A No. 8878 of 2024, Anoop Kumar Vs. State of U.P.
Sanjay Kumar Pandey Vs. State of U.P.Relied on¶12
Writ-A No. 7740 of 2024, Sanjay Kumar Pandey Vs. State of U.P.
Sanjay Kumar Singh and 3 others vs. State of U.P.Relied on¶15
Writ-A No. 6462 of 2024, Sanjay Kumar Singh and 3 others vs. State of U.P.
Sanjay Kumar Pandey
State Of U.P.
Rajesh Singh Chauhan
Anurag Singh
As recorded by the court registry
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