Heard Sri Atulesh Kumar Singh, learned counsel for the petitioner and Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State-respondents.
In compliance of order dated 18.09.2019, the petitioner has filed the supplementary affidavit on 10.11.2019 explaining the delay and laches in approaching this Court. Along with the supplementary affidavit, the petitioner has annexed the representations dated 28.08.2008 and 15.09.2009 preferred to the Executive Engineer, Prantiya Khand, P.W.D., Ballia making prayer that to extend the benefit of A.C.P. (Assured Career Progression) after completing 26 years satisfactory continuous services for the post. Along with the petition the petitioner has enclosed the representations dated 05.07.2016, 07.03.2016 and 22.11.2017 but no decision has been taken thereon.
The submission of learned counsel for the petitioner is that since the aforesaid benefit of A.C.P. has not been given to the petitioner, however, he was fully eligible for that and the petitioner has preferred couple of representations to that effect, therefore, a direction may be issued to the Executive Engineer, Prantiya Khand, P.W.D., Ballia to consider and decide the claim of the petitioner by disposing of his representation.
Learned counsel for the petitioner has further submitted that the petitioner may be given liberty to file fresh representations to the Principal Secretary, Public Works Department, Government of U.P., Civil Secretariat, Lucknow and the Engineer-in-Chief, Public Works Department, U.P., Lucknow and the direction may be issued to decide the said representations of the petitioner with expedition.
In view of the above, without entering into merits of the issue, the liberty is given to the petitioner to prefer a fresh representation to the Principal Secretary, Public Works Department, Government of U.P., Civil Secretariat, Lucknow and the Engineer-in-Chief, Public Works Department, Head Office, Government of U.P., Lucknow taking all pleas and grounds which are available with him enclosing therewith copies of his earlier representations and other relevant documents which are available with him within a period of seven days from today and if such representations is preferred by the petitioner within the aforesaid stipulated time, the said authorities shall consider and decide the same strictly in accordance with law by a speaking and reasoned order with expedition preferably within a period of six weeks from the date of production of a certified copy of this order along with representations and the decision thereof shall be communicated to the petitioner forthwith. It is expected that if there is no other legal impediment, the positive order shall be passed.
In view of the aforesaid terms, the writ petition is disposed of finally.
Order Date :- 28.11.2019 Suresh/ [Rajesh Singh Chauhan,J.]