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2020 Supreme(All) 698
IN THE HIGH COURT OF ALLAHABAD (LUCKNOW BENCH)
RAJESH SINGH CHAUHAN, J.
Virendra Kumar And Others — Appellant
Versus
State Of U.P. — Respondent
Service Single No. 34303 of 2019
Decided on : 12-02-2020
Advocate Appeared:
For the Appellant :Rakesh Kumar Chaudhary, Advocate
For the Respondent: C.S.C., R K. Upadhya, Vinai Tripathi, adv
Point of Law: Hon'ble Supreme Court clearly directs that if any person wants that any order of the Court be modified or clarified, any appropriate application can be filed in that writ petition only and for that relief no separate writ petition can be filed.
Headnote:
Service Laws – Issue on Promotion of Post - Nature of mandamus commanding opposite parties to forthwith implement recommendation of Departmental Promotion Committee and letter issued, annexed as Annexure No.1 to this writ petition, and issue order of promotion to post of Professor in respect of petitioners - Innocuous prayer in the writ petition appears to be genuine, therefore, that relief may be granted to the petitioners - It is clarified that this order may not cause any prejudice to Dr. Sharad Johri and Smt. Rekha Bajpai in any manner whatsoever.
Facts of the case: Contention of learned counsel for the petitioners is that despite the specific recommendation of the D.P.C. for promotion on the post of Professor for the petitioner, the recommendation has not been executed, therefore, the petitioners filed the present writ petition making prayer that the opposite parties be directed to implement the recommendation of the D.P.C –learned counsel for the petitioners has reiterated the contentions of the writ petition and submitted that on account of the promotion of the present petitioners shall not be affected in any manner whatsoever, as those persons belong to another department not the department of the petitioners
Finding of the court: Learned counsel for the petitioners has only apprehended to the effect that however the interim order may not affect the present petitioners legally but if the reasons for not implementing the recommendation of the D.P.C. is an interim order the same may not be tenable in the eyes of law in view of the facts and circumstances of the issue in question –Therefore, the ground so raised by learned counsel for the private-respondent i.e. opposite party No.3 regarding maintainability of the writ petition is not tenable in the eyes of law – The innocuous prayer in the writ petition appears to be genuine, therefore, that relief may be granted to the petitioners – However, it is clarified that this order may not cause any prejudice in any manner whatsoever – The compliance of the aforesaid order shall be made within a period of three weeks from the date of production of a certified copy of this order.
Result: Writ Petition allowed
JUDGMENT :
1. Heard Sri Rakesh Kumar Chaudhary, learned counsel for the petitioners, Dr. Udai Veer Singh, learned Additional Chief Standing Counsel for the State-respondents and Sri Subhash Vidyarthi, learned counsel for the opposite party no. 3.
2. By means of this writ petition, the petitioners have prayed for the following reliefs:-
'(i) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to forthwith implement the recommendation of the Departmental Promotion Committee dated 20.07.2019 and letter issued on 25.07.2019, annexed as Annexure No.1 to this writ petition, and issue order of promotion to the post of Professor in respect of petitioners.
(ii) Issue a writ, order or direction in the nature of certiorari quashing the advertisement dated 20.11.2019 issued by the opposite party No.2, annexed as Annexure No.7 to this writ petition.
3. The brief facts of the case are that the petitioner No.1 is presently serving on the post of Reader with effect from 08.09.2009 in the department of Kaumarbhartya (Pediatric) and presently posted at Rajkiya Ayurvedic College, Varanasi. The petitioner No.2 is serving on the post of Reader with effect from 28.06.2010 in the department of Swasthvratta (Ayurvedic Social & Preventive Medicine) and presently posted at Rajkiya Ayurvedic College, Handia, Prayagraj. The petitioner No.3 is serving on the post of Reader with effect from 28.06.2010 in the department of Shalakya Tantra (ENT & Eye) and presently posted at Rajkiya Ayurvedic College, Lucknow. The petitioner No.4 is serving on the post of Reader with effect from 28.06.2010 in the department of Rog Nidan (Pathology) and presently posted at Rajkiya Ayurvedic College, Muzaffarnagar. The petitioner No.5 is serving on the post of Reader with effect from 28.06.2010 in the department of Rog Nidan (Pathology) and presently posted at Rajkiya Ayurvedic College, Lucknow. The petitioner No.6 is serving on the post of Reader with effect from 31.01.2012 in the department of Rog Nidan (Pathology) and presently posted at Rajkiya Ayurvedic College, Jhansi. The petitioner No.7 is serving on the post of Reader with effect from 11.10.2011 in the department of Rog Nidan (Pathology) and presently posted at Rajkiya Ayurvedic College, Bareilly. The petitioner No.8 is serving on the post of Reader with effect from 19.08.2010 in the department of Rachana Sharir (Anatomy) and presently posted at Rajkiya Ayurvedic College, Handia, Prayagraj. The petitioner No.9 is serving on the post of Reader with effect from 11.10.2011 in the department of Kriya Sharir (Physiology) and presently posted at Rajkiya Ayurvedic College, Lucknow. The petitioner No.10 is serving on the post of Reader with effect from 02.08.2010 in the department of Dravyuguna (Herbal Pharmacology) and presently posted at Rajkiya Ayurvedic College, Pilibhit. The petitioner No.11 is serving on the post of Reader with effect from 28.11.2011 in the department of Swasthvratta (Ayurvedic Social and Preventive Medicine) and presently posted at Rajkiya Ayurvedic College, Pilibhit. The petitioner No.12 is serving on the post of Reader with effect from 11.10.2011 in the department of Swasthvratta (Ayurvedic Social & Preventive Medicine) and presently posted at Rajkiya Ayurvedic College, Bareilly. The petitioner No.13 is serving on the post of Reader with effect from 28.06.2010 in the department of Prasuti Tantra Evem Stri Roga (Gynecology) and presently posted at Rajkiya Ayurvedic College, Varanasi. The petitioner No.14 is serving on the post of Reader with effect from 25.08.2010 in the department of Prasuti Tantra Evam Stri Roga (Gynecology) and presently posted at Rajkiya Ayurvedic College, Lucknow. The petitioner No.15 is serving on the post of Reader with effect from 19.11.2010 in the department of Shalakya Tantra (ENT & Eye) and presently posted at Rajkiya Ayurvedic College, Varanasi. The petitioner No.16 is serving on the post of Reader with effect from 28.03.2011 in the depar
