Court No. - 33
Case :- WRIT - A No. - 14410 of 2020 Petitioner :- Sanjay Kumar Srivastava And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ishir Sripat,Rahul Sripat(Senior Adv.) Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed for a direction upon respondents to consider the claim of petitioners for promotion to the post of Executive Engineer, in view of the fact that Assistant Engineers, allegedly junior to petitioners, have already been promoted w.e.f. 11.7.2018.
Petition is opposed by Dr. A.N. Singh, learned Standing Counsel for the respondents.
Perusal of the records would go to show that dispute relating to promotion from the post of Assistant Engineer to Executive Engineer in P.W.D. was subject matter of challenge in a series of writ petitions filed before this Court, which have ultimately travelled to the Hon'ble Supreme Court. The issue apparently was with regard to promotion from the quota earmarked for diploma holders vis-a-vis degree holders. The Supreme Court in Civil Appeal No.3695 of 2007 has allowed the appeal and remitted the matter to this Court with liberty granted to the parties to approach the Hon'ble Chief Justice for clubbing of all similar matters pending at Allahabad as well as Lucknow. Operative portion of the order of Supreme Court, dated 21.8.2019, reads as under:-
"We, therefore, set aside the impugned judgment and order and remit the matter to the High Court. We request the High Court to decide the matter afresh within six months after hearing the parties afresh.
It is open to the parties to approach the Chief Justice for clubbing all the similar matters pending at Allahabad as well as before the Bench at Lucknow. As we have set aside the impugned judgment, the orders passed by the High Court following the same in other matters are also set aside. Let all the matters be decided by the High Court afresh.
All the appeals are allowed. Impugned judgment and orders are set aside. It is open to the incumbents who have filed contempt petitions to question the orders passed in accordance with law, in case any cause survives and they are still aggrieved by them before the appropriate forum. The contempt petitions are accordingly disposed of including the pending applications. No costs."
It is admitted to the parties that in terms of the above observations, the pending matters have not been decided so far.
Learned Senior Counsel for the petitioners states that petitioners' claim is not covered by the pending adjudications before this Court, inasmuch as their claim for promotion is separate and distinct.
Be that as it may, it is not in issue that the dispute pending before this Court is with regard to promotion to the post of Executive Engineer and the seniority of entire cadre is likely to be affected by any adjudication made in the present matter. At this stage, this Court would not be inclined to issue any direction for consideration of petitioners' claim, particularly as the dispute in respect of seniority in cadre are yet to be examined by this Court pursuant to the remand order passed by the Supreme Court on 21.8.2019.
In the facts of the present case, it would be open for the petitioners to seek impleadment and press early disposal of the pending matters in terms of the liberty granted by the Supreme Court and only thereafter they may raise any grievance before this Court.
Subject to the observations made above, this writ petition is consigned to records.
Order Date :- 7.1.2021 Anil