Court No. - 39
Case :- WRIT - A No. - 14948 of 2019 Petitioner :- Pawan Kumar And 28 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Pandey,Vivek Shandilya(Senior Adv.) Counsel for Respondent :- C.S.C.,Krishna Kumar Chand Hon'ble Neeraj Tiwari,J.
Learned counsel for the petitioners is permitted to implead District Level Committee through its Chairman/ District Magistrate, Jalaun at Orai as respondent no. 5 during the course of the day.
Heard learned counsel for the petitioners, learned standing counsel for respondent nos. 1, 3 and 5 and Sri K.K. Chand, learned counsel for respondent nos. 2 and 4.
Learned counsel for the petitioners is assailing the impugned adjustment order dated 16.08.2019 passed by respondent no.4 on different factual grounds.
Sri K.K. Chand, learned counsel for respondent nos. 2 and 4 submitted that petitioners have alternative remedy to approach the District Level Committee as provided in Government Order dated 17.06.2019 which could not be disputed by the learned counsel for the petitioners.
Under such facts and circumstances, the writ petition is disposed of with liberty to the petitioners to approach District Level Committee- respondent no. 5 constituted under the provisions of Government Order dated 17.06.2019 headed by District Magistrate by filing representation maximum within one week from today along with certified copy of the order. In case any such representation is filed before respondent no. 5, the same shall be considered and decided strictly in accordance with law maximum within four weeks from the date of production of certified copy of this order. For a period of five weeks from today or till decision taken by respondent no. 5, whichever is earlier, no coercive action shall be taken against the petitioners.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 5 to decide the representation of the petitioners after considering the relevant Rules as well as Government Orders occupying the filed.
Order Date :- 27.9.2019 Arvind