Court No. - 13
Case :- WRIT - A No. - 70059 of 2006 Petitioner :- Smt. Durgawati Dixit And Others Respondent :- State Of U.P. And Others Counsel for Petitioner :- P.N. Ojha Counsel for Respondent :- C.S.C.,Ashok Kumar,M.K. Nigam,N.P.Pandey
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
By means of this writ petition, the petitioners have challenged the impugned order dated 8th December, 2006, whereby the promotion of the petitioners as Health Worker (Female) have come to be annulled by one stroke of pen. The reason assigned is that the promotion was not made as per the norms. However, the impugned order does not detail out as to what norms were not followed. If, it is an admitted case that the petitioners did possess requisite qualifications as per the promotion rules amended from time to time and the last being one dated 10th September, 1998.
Learned Standing Counsel has not disputed the position that the petitioners did possess the requisite qualification but the stand taken is that the promotions were not made in accordance with law on the ground that these candidates did not face any selection committee, which is necessarily required to be constituted under the Rules.
It transpires from the promotion order itself dated 29th November, 2006 that it has been issued by the Chief Medical Officer without reference to any decision of the Selection Committee. It further transpires from the record that there were subsequent promotion as there was an impleadment application moved on behalf of the certain persons seeking impleadment in the writ petition challenging the order whereby the promotion order made on 28.11.2006 came to be cancelled on 8.12.2006, so this is an admitted position that there has been no further promotion in respect of the positions, which the petitioners were acquiring in pursuance of their promotion order.
A long period of time has elapsed, since the writ petition is filed. Therefore, it will be in the interest of justice that the matter be remitted to the competent authority, i.e., respondent No. 3, to constitute the selection committee to consider the claim of the petitioners from the date of their any junior colleague have been promoted after 2006, with reference to the qualifications and eligibility criteria, as laid down in the amending Provisions of 1998. The entire exercise shall be carried out within a period of three months from the date of production of a certified copy of this order.
Writ petition is disposed of with the aforesaid observations/directions.
Order Date :- 25.4.2018 LN Tripathi
Court No. - 13
Civil Misc. Impleadment Application No. 45748 of 2007 IN Case :- WRIT - A No. - 70059 of 2006 Petitioner :- Smt. Durgawati Dixit And Others Respondent :- State Of U.P. And Others Counsel for Petitioner :- P.N. Ojha Counsel for Respondent :- C.S.C.,Ashok Kumar,M.K. Nigam,N.P.Pandey
Hon'ble Ajit Kumar,J.
No one is present to press this impleadment application. The application is rejected for want of prosecution.
Order Date :- 25.4.2018 LN Tripathi