Promotions to higher posts must not proceed without prior court approval, especially when related litigation is pending.

JUDGMENT

Heard on the 3rd stay application filed on behalf of private respondent No.7 (Sanjay Sethi).

(D.B. SAW/749/2018 and 3 more have been filed in this matter. Please refer the same for further orders) The prayer made in the 3rd stay application reads as under:-

"It is therefore, in these circumstances stayed that Hon'ble Court may kindly be pleased to accept and allow this 3rd stay application filed by the respondent No.7/applicant and pending disposal of this writ petition, the respondents may kindly be restrained from holding DPC for promotion to the post of Superintending Engineer and Additional Chief engineers from the post of executive Engineers and Superintending Engineer in the Department of Water Resources on 27.07.2021 or any other date in near future.

Any other order which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case also be passed in favour of humble applicant."

Learned counsel appearing on behalf of the applicant submitted that the department is going to make promotions on the post of Superintending Engineer and Additional Chief Engineers from the post of Executive Engineers and Superintending Engineer without seeking permission of this Court in making promotions in view of the D.B. Special Appeal (W) No. 871/2014 vide order dated 29.05.2014. Counsel further submits if further promotions are made by the department it will create complications as the writ petition is pending with regard to seniority list prepared by the department.

Learned Senior Counsel Sh. A.K. Sharma as well as counsel for the department Mr. Prateek singh submitted that the argument raised by the applicant with regard to seeking permission for making further promotions has already been considered by this (D.B. SAW/749/2018 and 3 more have been filed in this matter. Please refer the same for further orders) Court while deciding the earlier applications submitted by the applicant vide order dated 24.09.2019 which reads as under:-

"Heard on the application (56962/2018) for vacation/recalling of the interim order dated 17.04.2018.

The order dated 17.04.2018 passed by the Co-ordinate Bench of this court reads as under:-

"Matter comes up on an application (I.A. No. 57159/2015, 29720/2017 and 29967/2017), instituted on behalf of the respondents. Mr. J.M. Saxena, AAG, appearing on behalf of the State respondents in the application (I.A. No. 29720/2017 and 57159/2015), has prayed for, permission to allow the State respondents to proceed further with promotions on 54 vacant posts (now 56) of Superintending Engineer subject to final outcome on this writ application. During the course of arguments, Mr. J.M. Saxena, AAG, made a reference to a note addressed to him by the State-respondents (Chief Engineer), which specifically mentioned the fact that the seniority list issued by the department on 20th August, 2014, is subsequent to seniority list dated 17th April, 2013, and is in accordance with the Rules, and therefore, is correct. Hence, the respondents be permitted to proceed further with the promotion in accordance with the seniority list dated 20th August, 2014, subject to final outcome on this writ application along with connected matters.

The prayer is not opposed by the counsel for the petitioners.

Accordingly, the State-respondents may proceed further with promotions, as prayed, for the reasons detailed out in the interim applications so also instructions to Mr. J.M. Saxena, AAG; however, the promotions made shall be subjected to final outcome on this writ application. Applications (I.A. No.57159/2015, 29720/2017 and 29967/2017); are allowed as indicated hereinabove.

Counsel for the applicant-respondent no.7 submitted that the order dated 17.04.2018 was challenged by the applicant-respondent no.7 before the Division Bench of this court and the Division Bench vide order dated 11.10.2018 granted liberty to the applicant to file application for vacation/recalling of the order dated 17.04.2018.

(D.B. SAW/749/2018 and 3 more