Court No. - 89
Case :- WRIT - A No. - 26326 of 2018 Petitioner :- Hari Shankar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sachin Mishra,Ram Vishal Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
By means of this petition under Article 226 of the Constitution relief sought is in the nature of a writ of certiorari for quashing the order dated 24.10.2018 and further a writ of mandamus directing/ commanding the respondent no. 2 to provide the benefit of Assured Career Progression scheme as well as the selection grade pay and promotional pay scale.
From the documents that have been filed as Annexure No. 7 to the writ petition it transpires that the relevant service records of the petitioner are not traceable, inasmuch as, there is an allegation that the petitioner has remained absent from duty without leave and his services could not be verified and since the service book is not available, the benefit under the ACP cannot be offered to the petitioner.
In the considered opinion of the Court, it is a duty of the Department concerned to prepare service book of every employee and if the service book of any employee is not traceable, then appropriate proceedings should be conducted either for preparation of fresh service book or if the employee concerned has avoided cooperation to take appropriate disciplinary proceedings, but none of the above seems to have taken place in the present case. Petitioner submits to have continued in service as on date. It further transpires from reading para 14 of the counter affidavit that the petitioner has been granted financial upgradation by the respondent no. 3 vide order dated 19.03.2019 treating the petitioner to be on unauthorized leave from 11.12.2002 to December 2008 on total 1714 days.
To the above statement of fact, learned counsel for the petitioner disputes and he submits that he has already made representation before the Principal concerned.
In my view, the Principal, who has himself passed the order impugned, may not be an appropriate authority to decide the matter, and accordingly, I direct the petitioner to make a fresh comprehensive representation against the impugned order dated 24.10.2018 before the respondent no. 2 namely Additional Director, Medical Health and Family Planning, Varanasi Division, Varanasi within a period of three weeks from today. In the event any such application is filed, the appropriate order shall be passed by the competent authority within a further period of four weeks. Needless to add that the petitioner shall be afforded reasonable opportunity of hearing by the respondent no. 2 and the order that will be passed, should be speaking and reasoned order.
With the aforesaid observations and direction, the writ petition is disposed of. The impugned order shall abide by the ultimate order to be passed by respondent no. 2 in compliance of this order.
Order Date :- 21.8.2019 IrfanUddin