Court No. - 2
Case :- WRIT - A No. - 13605 of 2019 Petitioner :- Devnath Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vrindavan Mishra,Ashish Mishra Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner a class IV employee in the Judgship of Mahoba came to be promoted on Class III post on 4 May 2019. By the instant writ petition, petitioner is assailing the notice dated 3 August 2019 passed by the second respondent, District and Sessions Judge, District Mahoba, calling upon the petitioner to show cause as to why he may not be reverted to the Class IV post as the petitioner had been granted promotion wrongly ignoring the seniority of the fourth respondent.
Learned counsel for the petitioner submits that the seniority of the employee is governed by the Uttar Pradesh State District Court Service Rules, 2013 and under the said Rules the petitioner claims to be senior to the fourth respondent.
On specific query, learned counsel for the petitioner submits that he has not filed objection to the impugned notice till date, however, submits that no decision has been taken pursuant to the notice.
Learned counsel appearing for the second, third and fifth respondent submits that the writ petition against a show cause notice is not maintainable, no adverse order against the petitioner has been passed pursuant to the notice. It is submitted that the petitioner should raise his contention on merit before the second respondent in the first instance.
Having due regard to the facts and circumstances of the case, the writ petition is disposed of, on consent, by passing the following order: (i) the petitioner may file objections to the impugned notice within three weeks from date; (ii) the fourth respondent may also file his objection within the same period. In the event the objections is filed, it is expected that the second respondent, District and Sessions Judge, District Mahoba, shall consider and decide the objections with respect to seniority on the date of promotion of the petitioner, by a reasoned and speaking order, expeditiously preferably within six weeks from the date of receipt of certified copy of this order along with the copy of the petition. It is clarified that the fourth respondent shall also be heard before passing the order.
It is clarified that the Court has not considered the claim and contention of the petitioner on merit.
Order Date :- 27.9.2019 K.K. Maurya