SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2014 Supreme(All) 417

ALLAHABAD HIGH COURT
BEFORE : ARUN TANDON AND ARVIND KUMAR MISHRA-I, JJ.
MUKESH GOYAL .....Petitioner
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition Nos. 57577, 65973 of 2008 and 22155 of 2011, decided on 19th February, 2014)

Advocates:
Counsel :
Mahendra Rai, A.R. Dubey, Manish Goyal, Gajendra Pratap Singh, Anurag Khanna and Jagdev Singh for Petitioner; C.S.C. and Ramendra Pratap Singh for the Respondents.

Headnote:Architect Act, 1972—Sections 14, 37 and 35(2)—U.P. Industrial Area Development Act, 1976—Section 19—NOIDA Service Regulations, 1981—Regulation 16—Promotion—Seniority by direct recruitment—Architectural cum Planning Assistant—Claimed promotion on post of Associate Town Planner—As per Regulation 16 at least 66% of Group ‘A’ posts shall be filled by direct recruitment and the remaining 34% posts shall be filled by promotion on basis of seniority—Nothing brought on record that how Promotion Policy of 2005 is bad—Section 37 only prohibits use of word ‘Architect’—No prohibition under 1972 Act in the matter of any person being promoted on an particular class II post which requires discharge of duties involving planning, designing, etc.—No preference on basis of Section 35 (2) of 1972 Act be claimed in process of promotion as initiated by NOIDA—Petitioner held not entitled to any relief as claimed. [Paras 24 to 32]

       Result; Petition Dismissed.

JUDGMENT

By the Court.—Heard Gajendra Pratap Singh, learned Senior Counsel assisted by Manish Goyal, advocate on behalf of the petitioner and Ramendra Pratap Singh, learned counsel for the respondents.

These three writ petitions have been filed by one and same person. All these writ petitions have been clubbed together and are being decided by means of the common judgment.

2. The petitioner before this Court is employed as Architecture cum Planning Assistant, in New Okhala Industrial Development Authority (hereinafter referred to as NOIDA).

By means of writ petition No. 57577 of 2008, the petitioner has prayed for quashing of the advertisement dated 17.7.2008 in so far as it pertains to the post of Associate Town Planner, be filled by way of direct recruitment. He further prays that his claim for promotion on the post of Associate Town Planner/Associate Architect be considered in accordance with the Board’s resolution dated 24.2.1996 taken in its 85th Boarding Meeting by virtue of petitioner’s being senior most Architectural cum Planning Assistant having a degree in Architecture and registered as Architect with the Council of Architecture notwithstanding the provisions of Recruitment and Promotion Policy, 2005.

3. By means of writ petition No. 65973 of 2008, the petitioner has prayed for quashing of the resolution of NOIDA dated 24.11.2008 qua items No. 15 of Supplementary Agenda. He has further prayed that the post of Associate Architect/Associate Town Planner be filled by promotion from amongst the senior most Architect cum Planning Assistant holding necessary qualifications.

4. By means of third writ petition No. 22155 of 2011, the petitioner has prayed for quashing of the impugned resolution dated 29.3.2011 passed in 172 Board Meeting of NOIDA (Annexure 28 to the writ petition) and a mandamus commanding the NOIDA to ensure compliance of the provisions of the Architect Act 1972 and not to appoint any person as Architect or Associate Architect/Associate Town Planner who is not registered as an Architect with the Council of Architecture in accordance with Architect Act, 1972. It has further been prayed that that the authority may be asked to make promotion on the post of Associate Town Planner and Associate Architect on the basis of 100% promotion from those who possess a degree in Architecture Town Planning based on report of C.T.C.P. as per the Policy and Service Rules of U.P. Town and Country Planning Department and Greater NOIDA. By means of prayer No. 4, the petitioner has prayed for promotion being considered from the date of eligibility of the candidate.

5. An amendment application has also been filed in writ petition No. 22155 of 2011 whereunder the petitioner has prayed for quashing of the promotion and recruitment policy of 2005 in so far as it permits promotion quota of 60% on the post of Associate Town Planner and to be filled without insisting upon a degree in Architecture as essential qualification and to strike down provision of promotion on the post of Town Planner in planning cadre in so far as it fixes the feeding cadre as Associate Town Planner.

6. The facts which are more or less common to these writ petition are as follows :

The petitioner before this Court is working as Architectural cum Planning Assistant in NOIDA since January, 1988. He claims to be possessed of a degree of Architect from Indian Institute of Architects and is also registered as Architect with the Council of Architecture. His name is mentioned as such in the register maintained for the purpose. It is petitioner’s case that NOIDA has framed Service Regulations 1981 (hereinafter referred to as Regulations 1981) with the previous approval of the State Government in respect of its employees. A copy of which is enclosed at page No. 96 of the third writ petition. These service regulations have been framed in exercise of powers under Section 19 of the U.P. Industrial Area Development Act, 1976 with the approval of the Government of the Uttar Pr





















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top