Court No. - 74
Case :- WRIT - A No. - 6191 of 2021 Petitioner :- Vishwa Nath Banerjee Respondent :- State Of U.P And 7 Others Counsel for Petitioner :- Ram Kumar Sinha Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta,Manu Saxena
Hon'ble J.J. Munir,J.
Mr. Ram Kumar Sinha, learned Counsel appears on behalf of the petitioner, Mr. Pranav Ojha, learned Additional Chief Standing Counsel appears on behalf of respondent nos. 1 to 5, Mr. Manu Saxena, learned counsel appears on behalf of Nagar Palika Parishad, Modi Nagar, Ghaziabad, Mr. Vibhansu Vaibhav, learned counsel appears on behalf of Nagar Nigam, Aligarh and Mr. Harsh Vardhan Gupta, learned counsel appears on behalf of Nagar Nigam, Mathura.
In this matter, the following order was passed on 27.05.2021:-
It is stated by Mr. Pranav Ojha, learned Additional Chief Standing Counsel that by an order dated 21.05.2021 passed by the Special Secretary to the Government of U.P. in the department of Urban Development, the petitioner has been required to join on the post of Junior Engineer (Civil) at Nagar Nigam, Aligarh. It is stated by Mr. Pranav Ojha that the Nagar Aayukt, Nagar Nigam, Aligarh is obliged by this order to permit the petitioner to join on the post of Junior Engineer (Civil) at Nagar Nigam, Aligarh.
Learned counsel for the petitioner, on the other hand, submits that he is being tossed about from one station to another and from one Nigam to another since he was relieved from Nagar Nigam, Mathura and has not been permitted to join anywhere.
Mr. Pranav Ojha, learned Additional Chief Standing Counsel, on the other hand, makes a statement on behalf of the State Government that the Nagar Aayukt, Aligarh shall positively comply with the order of 21.05.2021, and shall permit the petitioner to join by tomorrow.
Considering the fact that the petitioner is to retire from service on 30.06.2021 and any delay in the matter of his joining at his transferred station would complicate the matters for him post retirement, the Nagar Aayukt, Nagar Nigam, Aligarh is ordered to forthwith permit the petitioner to join his duties as Junior Engineer (Civil) at the Nagar Nigam, Aligarh, and in no case, later than 28.05.2021 by 12:00 noon. The Nagar Aayukt, Nagar Nigam, Aligarh shall further ensure that post joining, the petitioner shall be paid his salary regularly.
Mr. Pranav Ojha shall secure a copy of the joining report from the Nagar Aayukt, Nagar Nigam, Aligarh and apprise the Court about the fact whether the petitioner has joined at the Nagar Nigam, Aligarh by tomorrow at 02:00 p.m.
The necessary charge certificate shall also be furnished to the petitioner, a copy of which shall also be produced before the Court tomorrow.
Put up this matter in the additional cause list tomorrow at 02:00 p.m. Let this order be communicated to the Nagar Aayukt, Nagar Nigam, Aligarh by the Joint Registrar (Compliance) today.
In compliance with the said order an office report of date has been submitted which shows that in compliance with this Court's order dated 27.05.2021, a charge certificate from Nagar Aayukt, Nagar Nigam is received in the office by e-mail on 28.05.2021 at 09.00 a.m., a copy whereof is placed on the record. It is submitted by the learned counsel appearing for the Nagar Nigam, Aligarh that charge was handed over to the petitioner on 22.05.2021 and he was making much ado about nothing before this Court yesterday when he said that he is not being permitted to join anywhere, including the Nagar Nigam, Aligarh. Learned counsel for the petitioner has taken serious objection to this stand of the Nagar Nigam's counsel. He submits that the petitioner was permitted to join on 27.05.2021 in compliance with this Court's order of that date and compelled to sign a charge certificate dated 22.05.2021 on an ante dated basis. Learned counsel for the petitioner states that the said ante dated charge certificate has been sent to him yesterday i.e. 27.05.2021 at 05:26 p.m. on his whatsapp after this Court had passed orders in the present petition yesterday.
This Court is not inclined to go into the controversy but suffice it to say that a government servant who is on the verge of retirement would not come forward and complain about a Local Body not permitting him to join his transferred station without cause. Here the history shows that the petitioner has not been allowed to join earlier at Modi Nagar after his transfer from Nagar Nigam, Mathura.
Considering the overall facts and circumstances, in particular, the fact that the petitioner has been permitted to join, this petition is disposed of with the orders that the Nagar Aayukt, Nagar Nigam, Aligarh shall permit the petitioner to discharge his duties as Junior Engineer Civil uninterruptedly and shall pay him salary regularly. Upon the petitioner's forthcoming retirement all necessary papers shall be processed on schedule and in good time for the release of his post retiral benefits.
This writ petition is disposed of in terms of the aforesaid order. There shall be no order as to costs.
Let this order be communicated to the Nagar Aayukt, Nagar Nigam, Aligarh by the Joint Registrar (compliance) within 48 hours.
Order Date :- 28.5.2021 Brijesh Maurya Digitally signed by Jahangir Jamshed Munir Date: 2021.05.29 14:23:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad