Court No. - 30
Case :- WRIT - A No. - 50070 of 2011 Petitioner :- Jagpal Singh Respondent :- State Of U.P. And Others Counsel for Petitioner :- Ghan Shyam Dubey,Arvind Kumar,Arvind Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. Counter and rejoinder affidavits have been exchanged and with consent of learned counsel for the parties this writ petition is being disposed of at the admission stage itself.
Present writ petition has been filed seeking a writ of mandamus directing the respondent no. 2 to consider the claim of the petitioner and give notional promotion on the post of Cooperative Inspector from 25.5.1995 and to decide the representation dated 30.3.2011 pending before respondent no. 2.
Submission of learned counsel for the petitioner is that the present dispute is squarely covered by the judgment and order of the Hon'ble Single Judge dated 11.2.2010 passed in Service Single No. 5603 of 2008, Ramesh Chandra Sharma Vs. State of U.P., which is quoted as under:
"Heard learned counsel for the petitioners as well as learned Standing Counsel, who appears on behalf of opposite parties 1 to 3.
With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.
Learned counsel for the petitioners submitted that since the controversy involved in judgments and orders passed in writ petition no. 4419 (SS) of 1996, 6398 (SS) of 2000, 3358 (SS) of 2000, 4570 (SS) of 2000 and 6036 (SS) of 2001 is identical to this writ petition, the writ petition may be disposed of accordingly.
Writ Petition is therefore disposed of finally with the direction that the benefit of judgment and order dated 3.5.1995 passed in writ petition no. 13240 of 1990 and of the order passed in writ petition No. 4419 (SS) of 1996 will be made available to the petitioners also. The petitioners also be given notional promotion with effect from the date the persons junior to them have been given notional promotion. Opposite parties shall also fix petitioners' pension w.e.f. 22.5.1995 but they will not be entitled for any arrears of salary."
He further submits that Special Appeal Defective No. 153 of 2011, State of U.P. Vs. Ramesh Chandra Sharma & another is still pending before the Hon'ble Lucknow Bench of this Court and is connected with Special Appeal Defective No. 749 of 2009, State of U.P. Vs. Ratneshwar Sharma wherein vide order dated 30.10.2009 on the statement of learned counsel representing the writ petitioner that the order of writ Court has already been complied with, the prayer for grant of interim order was refused.
Submission therefore, is that there being no interim order in the abovenoted special appeals the petitioner is also entitled for the relief as has been granted to other identically situated persons/petitioners. He further submitted that pursuant to abovenoted order dated 11.2.2010 as quoted above an order has been passed by the authority concerned which is Annexure-5 at page 39 of the paper book.
On 12.4.2017, following order was passed:
"Heard learned counsel for the petitioner and Sri H,.C. Pathak, learned Standing Counsel.
Sri Pathak submitted that Ramesh Chandra Sharma was granted promotion only in pursuance of the order of the Lucknow Bench of this Court and against the aforesaid judgment Special Appeal No. 153 of 2011, State of U.P. Vs. Ramesh Chandra Shrama is pending as per the averments made in the counter affidavit. Counter affidavit was filed in the year 2011 and the instructions were received in the year 2015.
List after two weeks so as to enable learned Standing Counsel to inform this Court about the current status of the aforesaid special appeal."
On 15.2.2018, following order was passed:
"The last order was passed on 12.4.2017. List after two months.
In the meantime, learned counsel for the parties may verify the status of Special Appeal No. 153 of 2011 as already mentioned in the order dated 12.4.2017."
Since abovenoted two appeals are still pending and the orders passed by the writ Court have been complied with by the respondent authorities, there is no reason to refuse the relief to the petitioners in terms of the above quoted judgment passed in Service Single No. 5603 of 2008, Ramesh Chandra Sharma Vs. State of U.P.
Accordingly, present writ petition stands disposed of in terms of the above quoted order.
Since the relief is being granted to the petitioner on the basis of abovenoted order against which special appeals are pending therefore, any order passed by the authority concerned shall be subject to the result of abovenoted special appeals.
No costs.
Order Date :- 29.3.2018 p.s.