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State Of U P And Others vs State Public Service Tribunal And Others

High Court Of Judicature at Allahabad|27 February, 2018
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JUDGMENT / ORDER

Court No. - 3
Case :- WRIT - A No. - 6977 of 2018 Petitioner :- State Of U.P. And 3 Others Respondent :- State Public Service Tribunal And 2 Others Counsel for Petitioner :- Archana Singh
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Smt. Archana Singh, learned counsel for the petitioners.
Petitioners have filed this petition so as to challenge the order dated 29.04.2016 passed by the U.P. Public Services Tribunal, Lucknow.
The office has reported that the petition suffers from delay and latches of about a year and 209 days. The petitioners have tried to explain the delay in paragraph no. 19 onwards. Reading of the averments made therein reveals that the petitioners were aware of the order of the Tribunal dated 29.04.2016 from day one. The Director, Government Printing Press has written a letter in this regard to the Principal Secretary on 26.07.2016 and again on 20.08.2017 seeking approval for challenging the aforesaid order. No one has taken any action in the matter for at least one year for which no reason or justification exists on record.
This apart, the Tribunal by the impugned order has held that by the Government Order dated 31.07.1996, the Uttar Pradesh Printing and Stationary Technical Service Rules, 1995 cannot be amended and therefore, the petitioners may amend the said rules before making any promotion/appointment.
We do not find any error or illegality in the above order of the Tribunal, as the Government Order cannot override the statutory rules and regulation. Accordingly, the writ petition is dismissed both on the ground of delay and latches and on merit.
Order Date :- 27.2.2018 Ishan
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Title

State Of U P And Others vs State Public Service Tribunal And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
27 February, 2018
Judges
  • Pankaj Mithal
Advocates
  • Archana Singh