Court No. - 2
Case :- WRIT - A No. - 4993 of 2019 Petitioner :- Sanjeev Rawat Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Deepak Kumar Yadav,Shri Radha Kant Ojha, Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard the learned counsel for the parties.
Petitioner by the instant writ petition seeks the following reliefs:
"(a) A writ order or direction in the nature of certiorari quashing the impugned order dated 7/8.3.2019 (Annexure-13 to the Writ Petition) passed by the Consolidation Commissioner, U.P., Lucknow, the respondent no. 2.
(b) A writ order or direction in the nature of Mandamus commanding the Respondents to consider case of the petitioner, as the petitioner already appointed on the post of Consolidator since 2003, and also pay all consequential benefits to the petitioner as admissible under law."
It is urged that the petitioner earlier approached this Court by filing a petition being Writ - A No. 45598 of 2012, which came to be disposed of on 16 January 2019. Operative portion of the order reads thus:
"Having said so, this Court finds that the claim of petitioner for promotion to the post of Consolidator however liable to have been examined in view of Rule-5 of 1978 Rules. Admitted fact is that the petitioner had completed 10 years service as Consolidation Lekhpal in the year 2003. The Consolidation Commissioner was therefore not justified in restoring petitioner's position as Consolidation Lekhpal again vide the order impugned in the year 2012 inasmuch as his claim of promotion was required to be examined, which has not been done. The order of the Consolidation Commissioner, to that extent, needs modification.
This writ petition, therefore, stands disposed of with a direction upon the respondent no. 2 to consider petitioner's claim for promotion to the post of Consolidator, by virtue of Rule-5 of the Rules of 1978, in light of the observations made above, within a period of three months from the date of presentation of certified copy of this order.
It goes without saying that all consequential action shall be taken accordingly."
Pursuant thereof, the impugned order dated 8 March 2019 has been passed by the second respondent-Consolidation Commissioner, U.P., Lucknow, rejecting the claim of the petitioner on the ground that petitioner is seeking direct recruitment on the post of Consolidator, whereas, petitioner is seeking promotion on the post of Consolidator on the strength of his rendering more than 10 years service as Consolidation Lekhpal. It is urged that the second respondent does not dispute that the petitioner came to be appointed Consolidation Lekhpal in 1993, and the earlier order passed in 2003 granting appointment to the petitioner as Consolidator with retrospective date was treated nonest in the eye of law, petitioner continue as Lekhpal, therefore, under Rules is entitled to be considered for promotion to the next higher post i.e. Consolidator.
Learned standing counsel submits that a fresh order shall be passed by the second respondent-Consolidation Commissioner, U.P., Lucknow, in accordance with the law, considering the case of the petitioner for promotion on the post of Consolidator.
In view thereof, writ petition is disposed of by passing the following orders:
i) the impugned order dated 7/8 March 2019 passed by the second respondent-Consolidation Commissioner, U.P., Lucknow, is setting aside and quashed;
ii) the second respondent-Consolidation Commissioner, U.P., Lucknow, shall hear and decide the claim of the petitioner by reasoned and speaking order expeditiously, preferably within two months from the date of filing of certified copy of this order alongwith copy of the writ petition, strictly in the light of the decision dated 16 January 2019 passed in Writ - A No. 45598 of 2012.
It is clarified that the Court has not considered the claim of the petitioner on merits.
Order Date :- 29.4.2019 Mukesh Kr.