Disposed

Ram Sajivan v. State of U.P. Thru. Addl. Chief Secy./ Prin. Secy., Public Works Deptt. Lko and 3 Others

Allahabad HC7 Mar 2024WRIA/1829/2024

Case brief

AI extract

What is this about?

In a writ petition concerning promotion of Group-C Junior Engineers, the Allahabad High Court directed the Public Works Department to provide pending information regarding promotion procedures to enable the Board of Directors to take a final decision on reserving 5% quota for promotion.

What did the court decide?

Directed the Public Works Department to provide information on promotion procedure; Board of Directors to take final decision on reserving 5% posts.

Ram Sajivan vs State of U.P. Thru. Addl… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:20684

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Court No. - 17

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Case :- WRIT - A No. - 1829 of 2024

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Petitioner :- Ram Sajivan Respondent :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy., Public Works Deptt. Lko And 3 Others Counsel for Petitioner :- Pranav Agarwal,Km. Vasundhara Mathur

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Counsel for Respondent :- C.S.C.,Shishir Jain

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Hon'ble Manish Mathur,J.

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Heard Ms. Vasundra Mathur, learned counsel for petitioner, learned State Counsel for opposite party no. 1 and Mr. Shishir Jain, learned counsel for opposite party nos. 2 to 4.

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Learned counsel for petitioner is granted liberty to implead the Public Works Department through its Engineer-in-Chief as opposite party no. 5 during the course of day. Learned State Counsel has accepted notice on behalf of newly impleaded opposite parties.

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Petition has been filed seeking a direction to the concerned authority for placing the proposal for grant of promotion with Group-C employees having diploma on the post of Junior Engineer before Board of Directors in pursuance of the resolution dated 26.07.2023.

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It has been submitted that in its proposal No. 194/2016 dated 26.07.2023, the Board of Directors has taken a decision that procedure for consideration of such promotion shall be sought for from the Public Works Department and should be placed before the Board of Directors for taking further decision with regard to same. It is submitted that vide letter dated 03.11.2023, such information has been sought from the Public Works Department which is still pending consideration.

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Learned counsel for petitioner submits that as of now the U.P. Public Works Department Junior Engineer (Civil) (Group-C) Service Rules, 2014 are implemented in the Public Works Department in which Rule 5 prescribes 5% of such recruitments to be made by promotion through the commission and indicates eligibility for such promotion. Rule 16 of Part V of the aforesaid rules indicates the procedure for recruitment by promotion by seniority subject to rejection of unfit.

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It is therefore submitted that once the aforesaid rules have already been notified indicating the procedure, there is no occasion for the department to require any further information.

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Learned counsel for opposite party nos. 2 to 4 however on the basis of instructions submits that until and unless they are provided any such authentic information from the Public Works Department, no further proceedings can be taken for reserving 5% quota for promotion.

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Considering the aforesaid facts and circumstances and particularly the aspect that in case the aforesaid Rules of 2014 have already been notified as has been indicated as Annexure No. 1 to this petition, the opposite party nos. 2 to 4 may take a final decision with regard to reserving 5 % post for promotion and for indicating procedure in terms thereof in case they are to be guided by the rules applicable upon Public Works Department. For this purpose, opposite party no. 5 i.e. Public Works Department through its Engineer-in-Chief, Lucknow is directed to provide information as sought for by the Rajkiya Nirman Nigam vide its letter dated 03.11.2023 expeditiously.

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With aforesaid observations and directions, the petition is finally disposed of.

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Order Date :- 7.3.2024 Satish

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

Ram Sajivan v. State of U.P. Thru. Addl. Chief Secy./ Prin. Secy., Public Works Deptt. Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Ram Sajivan v. State of U.P. Thru. Addl. Chief Secy./ Prin. Secy., Public Works Deptt. Lko and 3 Others

Case brief

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What did the court decide?

What the court decided

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