Court No. - 21
Case :- WRIT - A No. - 18573 of 2019 Petitioner :- Dinesh Kumar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Siddharth Khare,Sri Ashok Khare, Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Anurag Khanna, learned Senior Counsel assisted by Shri Satyam Singh, learned counsel for the opposite parties in support of recall application. Shri Siddharth Khare appears for the petitioner.
Cause shown in the affidavit accompanying the delay condonation application in review application is sufficient. The delay condonation application is allowed.
Present review application has been preferred to review the order dated 25.11.2019 by which the writ petition in question was disposed of with following observations:-
"Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, learned counsel for the petitioner and learned Standing Counsel for the State- respondents.
Petitioner is before this Court with a request to direct the respondent No. 2 to forthwith grant "No Objection Certificate" to the petitioner for joining on deputation as Executive Officer, Nagar Panchayat within a period specified by this Court.
Petitioner was appointed as Cane Supervisor on 1.7.2000 in the Cane Development Department of the State of U.P. In response to the Circular issued by the Director, Local Bodies, U.P. Lucknow, applications were invited for 252 posts of Executive Officer, Nagar Panchayat on deputation basis from the existing Government servants fulfilling the specified qualifications. Accordingly, petitioner applied for consideration of appointment in pursuance thereto. The application of the petitioner was submitted with certificate so accorded by the District Cane Officer, Gorakhpur and the same was also duly endorsed by District Cane Officer, Gorakhpur. Accordingly, petitioner obtained a certificate dated 7.3.2018 (annexure-3 to the writ petition) to participate in the interview scheduled on 17.3.2018. After declaration of result, list of 44 selected candidates has been prepared including the petitioner amongst the duly selected candidates and successful incumbents should be granted appointment after obtaining no objection certificate from the department concerned. Thereafter, the Directorate of Local Bodies issued a communications dated 27.11.2018, 12.3.2019 requiring the petitioner to submit no objection certificate from his department.
Learned counsel for the petitioner states that in similar circumstances, Additional Cane Commissioner (Administration) has already accorded "no objection certificate" in favour of one Arun Kumar (Annexure-13 to the writ petition) and as such, similar benefit may also be extended to the petitioner.
In the facts and circumstances of the case, this Court is of the opinion that once NOC has already been accorded to Sri Arun Kumar, then similar benefit is also liable to be extended to the petitioner. Hence, no fruitful purpose would be served in keeping the matter pending any further.
In view of above, this writ petition is disposed of with the consent of learned counsel for the parties asking the respondent No. 2 i.e. Cane Commissioner, U.P., Lucknow to accord NOC to the petitioner within ten days from the date of production of a certified copy of this order."
On the matter being taken up, Shri Anurag Khanna, learned counsel appearing for review petitioners-respondent nos.1, 2, 3, 4 and 5 has produced and placed reliance on the order dated 16th December, 2020, whereby the Special Secretary, U.P. Government has communicated to the Commissioner, Cane and Sugar, U.P. that the process for joining on deputation as Executive Officer, Nagar Panchayat has stopped by order dated 7.8.2020 and as such the claim of the petitioner as well as one Shri Shailendra Kumar Maurya, Cane Supervisors no longer survives.
The Court has proceeded to examine the record in question and find that under the changed circumstances there is no reason or occasion to review the order dated 25.11.2019. However, it is always open to the petitioner to assail the validity of the communication dated 16.12.2020 before the appropriate forum.
As it has been apprised that the contempt proceeding is on, the parties are at liberty to apprise the changed scenario to the Contempt Court.
The review application is disposed of accordingly.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner/respondents alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.1.2021 SP/