Manoj Kumar Chaturvedi and Another vs State of U.P. Thru. Prin. Secy. Co-Operative Deptt. Lko and 4 Others — Allahabad HC (2025) — LawSathi Research

Manoj Kumar Chaturvedi and Another vs State of U.P. Thru. Prin. Secy. Co-Operative Deptt. Lko and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: respondents restrained from making any promotions in light of requisition dated 02.08.2024 till the next date of listing (23.04.2025); respondents allowed three weeks to file counter affidavit and petitioners two weeks thereafter for rejoinder; liberty reserved to respondents to proceed afresh once objections are decided and the final seniority list is prepared and published. Writ petition itself remains pending; no merits adjudication.

Issue for consideration

Whether the respondents can proceed to make promotions to the post of Additional District Cooperative Officer on the basis of the tentative seniority list dated 17.10.2023 (objections pending, list not finalized) while the earlier seniority list dated 25.02.2022 placing the petitioners below direct recruits is already under challenge in pending Writ Petition No. 6841 of 2022.

Ratio / Principle

Interim restraint: Till the next date of listing (23.04.2025), the respondents are restrained from making any promotions in the light of the requisition dated 02.08.2024.

Key takeaways

Conditional liberty: In case the respondents decide the objections and prepare the final seniority list, they will be at liberty to proceed afresh for publication of that list.ratio¶14
The court recorded only that the matter requires consideration and gave procedural directions: three weeks to the respondents for counter affidavit, two weeks thereafter to the petitioners for rejoinder affidavit, and listing on 23.04.2025; no finding was rendered on the merits.obiter¶11

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Alok Mathur, J. — Interim order in WRIT - A No. 10331 of 2024. Two Cooperative Supervisors, promoted to Cooperative Inspector - Group 2/Assistant Development Officer (Cooperative) by order dated 28.04.2015 with Public Service Commission approval dated 19.01.2017 (recruitment year 2012-13), challenge the respondents' order/requisition dated 02.08.2024 seeking promotions to the post of Additional District Cooperative Officer on the basis of a tentative seniority list circulated on 17.10.2023 whose finalization is pending, while the earlier seniority list dated 25.02.2022 (placing the petitioners below direct recruits) is already under challenge in pending Writ Petition No. 6841 of 2022. The court directed the respondents to file a counter affidavit within three weeks and permitted a rejoinder two weeks thereafter, listed the matter for 23.04.2025, restrained the respondents from making any promotions in terms of the requisition dated 02.08.2024 until the next date of listing, and clarified that once objections are decided and the final seniority list prepared, the respondents will be at liberty to proceed afresh for its publication.

Court No. - 6

Case :- WRIT - A No. - 10331 of 2024

Petitioner :- Manoj Kumar Chaturvedi And Another Respondent :- State Of U.P. Thru. Prin. Secy. Co-Operative Deptt. Lko And 4 Others Counsel for Petitioner :- Manish Mani Sharma Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi

Hon'ble Alok Mathur,J.

Heard Sri Manish Mani Sharma, learned counsel for the petitioners as well as learned Standing Counsel for the State respondents and Sri R.K. Singh Suryavanshi, learned counsel has filed vakalatnama on behalf of private respondent nos. 10, 12, 19 and 22. With regard to remaining private respondents, notices were issued and the Registry has reported that service upon them is deemed to be sufficient.

It has been submitted by learned counsel for the petitioners that the petitioners are Cooperative Supervisor and were promoted to the post of Cooperative Inspector - Group 2/Assistant Development Officer (Cooperative) vide order dated 28.04.2015.

It has been next submitted by learned counsel for the petitioners that the Public Service Commission has also approved the promotion of the petitioners vide letter dated 19.01.2017 on the post of Assistant Development Officer (Cooperative)/Cooperative Inspector Grade-1, for the recruitment year 2012-13. The seniority list of cadre Assistant Development Officer (Cooperative) was finalized by the respondents and published on 25.02.2022, where names of petitioners were shown below the direct recruits and consequently, petitioners filed Writ Petition No. 6841 of 2022, which is pending.

It is during pendency of the Writ Petition No. 6841 of 2022 that the respondents have again sought to revise the seniority list and accordingly notices were issued containing copy of the tentative seniority list on 17.10.2023. Objections were filed with regard to tentative seniority list, but the said list has not been finalized till date. It is the case of the petitioners that without finalizing the seniority list, the respondents have proceeded to pass the impugned order dated 02.08.2024, seeking to make promotions to the post of Additional District Cooperative Officer.

It is further submitted by learned counsel for the petitioner that if tentative seniority list is issued then the previous seniority list dated 25.02.2022 would cease to exist and it is only after considering the objections against the tentative seniority list and after issuing final seniority list, further promotions can be made. Till such time the tentative seniority list is in existence and process for finalization is pending, no promotions can be made by the respondents. Even otherwise, it is stated that despite the fact that tentative seniority list was issued in October, 2023, the final seniority list has not been issued till date.

The matter requires consideration.

Respondents are granted three weeks time to file counter affidavit. Two weeks thereafter is granted to the petitioners to file rejoinder affidavit.

List this case on 23.04.2025.

Till the next date of listing, the respondents are restrained from making any promotions in the light of requisition dated 02.08.2024.

It is made clear that in case respondents decide the objections and prepare and the final seniority list, they will be at liberty to proceed afresh for publication of the said list.

Order Date :- 7.3.2025 A. Verma

(Alok Mathur, J.)

Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench