Disposed

Abhishek Sharma v. Chief Secy. Govt. U.P. /Chairman Selection Committee 101 Lko. and 5 Others

Allahabad HC3 Apr 2024WRIA/2691/2024

Case brief

AI extract

What is this about?

A petitioner regularised retrospectively sought promotion from the dates his junior was promoted, plus ACP benefits. Without deciding merits, the court directed him to submit a representation to respondent no. 3 within two weeks, to be decided by reasoned order within four weeks.

What did the court decide?

Petitioner permitted to submit representation; respondent no. 3 to decide it by reasoned order within four weeks.

Abhishek Sharma vs Chief Secy. Govt. U.P… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:27219

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Court No. - 6

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Case :- WRIT - A No. - 2691 of 2024 Petitioner :- Abhishek Sharma Respondent :- Chief Secy. Govt. U.P. /Chairman Selection Committee 101 Lko. And 5 Others Counsel for Petitioner :- Priya Vrat,Vidhu Bhushan Kalia Counsel for Respondent :- C.S.C.,Avinash Singh Vishen

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Hon'ble Abdul Moin,J.

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Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondents no. 1 to 4 and Sri Avinash Singh Vishen, learned counsel for the respondents no. 5 & 6.

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With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided.

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Instant writ petition has been filed praying for the following main reliefs:-

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"(i) To issue a writ, order or direction in the nature of mandamus commanding the Respondents to consider and pormote the petitioner on the post of Executive Engineer (Mechanical) from the date person junior to the petitioner i.e Sri Jayant Mishra has been promoted w.e.f 24.05.2012, with all consequential benefits after refixation of the pay and allowances.

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(ii) To issue a writ, order or direction in the nature of mandamus commanding the Respondents to consider and promote the petitioner on the post of Superintending Enginner (Mechanical) from the date person junior to the Petition i.e Sri Jayant Mishra has been promoted w.e.f 24.06.2022, with all consequential benefits after re-fixation of the pay and allowances.

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(iii) To issue a writ, order or direction in the nature of mandamus commanding the Respondents to consider and promote the Petition on the post of Chief Engineer (Mechanical) (Level-II) from the date person junior to the petitioner i.e Sri Jayant Mishra has been promoted w.e.f 29.12.2023, with all consequential benefits after refixation of the pay and allowances.

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(iv) To issue a writ, order or direction in the nature of Mandamus commanding the Respondents to grant the petitioner the benefit of time scale after completion of 5 years of regular and continuous service w.e.f 30.06.1998; grant to the petitioner the benefit of Second ACP after completion of 16 years of regular and continuous service w.e.f 30.06.2009; grant to the Petition the benefit of Third ACP after completion of 26 years of regular and continuous service w.e.f 30.06.2019 along with arrears after re-fixation of pay and allowances, with 18 %;

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(v) To issue a writ, order or direction in the nature of Mandamus commanding the Respondent No. 1 & 3 to hold Department Promotion Committee for consideration of promotion of the petitioner to the post of Executive Engineer (Mechanical); Superintending Engineer (Mechanical) and Chief Engineer (Mechanical) Level-II, forthwith;

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(vi) To issue a writ, order or direction in the nature of Mandamus commanding the

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Respondent No. 2 to consider and recommend the Respondent No. 5 through Respondent no. 6 for the grant of clearance for consideration of promotion of Petitioner on the post of Executive Engineer (Mechanical); Superintending Engineer and for the purposes of the same to hold Departmental Promotion Committee at the earliest."

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The contention of learned counsel for the petitioner is that initially the petitioner had been appointed on adhoc basis on the post of Assistant Engineer (Mechanical) on compassionate ground. After a series of litigation before this Court as well as Apex Court, the services of the petitioner have been regularized vide order dated 14.07.2023, a copy of which is annexure 13 to the writ petition w.e.f 30.06.1998 and subsequently, by means of order dated 11.12.2023, a copy of which is annexure 14 to the writ petition he has been assigned seniority position at Serial No. 876-A in the seniority list dated 29.03.2010.

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The contention is that the juniors to the petitioner have already been promoted as Assistant Engineer/Superintending Engineer/Chief Engineer-II (Mechanical) while the claim of the petitioner despite the orders having been passed, has still not been considered till date. He also contends that the petitioner is due to retirement on attaining the age of superannuation on 30.06.2024 and hence the urgency.

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Learned counsel for the petitioner after arguing at some length submits that with regard to the relief sought in the writ petition, the petitioner may be permitted to submit a representation before the respondent No.3 which may be directed to be decided within a fixed time frame to which learned Standing counsel appearing on behalf of the respondents no. 1 to 4 and Sri Avinash Singh Vishen, learned counsel for the respondents no. 5 & 6 have no objection.

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In view of the above, it is provided that in case the petitioner submits a representation within two weeks from today before the respondent No.3 then the respondent No.3 shall endevour to decide the same by means of a reasoned and speaking order within a further period of four weeks from the date of receipt of a certified copy of this order along with representation.

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With the aforesaid direction, writ petition is disposed of.

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It is made clear that this Court has not gone into the merits of the case as set forth by the petitioner.

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Order Date :- 3.4.2024 Pachhere/MS

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Abhishek Sharma v. Chief Secy. Govt. U.P. /Chairman Selection Committee 101 Lko. and 5 Others

Case brief

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Abhishek Sharma v. Chief Secy. Govt. U.P. /Chairman Selection Committee 101 Lko. and 5 Others

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