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2002 DIGILAW 1879 (ALL)

BRIJ PAL v. STATE OF U P

2002-12-10

G.K.GUPTA, JOSHI, PRADEEP KANT

body2002
PRADEEP KANT, G. K. GUPTA, JJ. ( 1 ) HEARD the learned Counsel for the petitioner as well as Sri Sanjay Bhasin, learned Standing counsel. ( 2 ) THIS is an application for interim relief. Since counter and rejoinder- affidavits have been exchanged between the parties, therefore, the petition is being disposed of finally with the consent of the parties Counsel. ( 3 ) THE petitioner had filed a writ petition for considering and promoting him on the next higher pay scale of Rs. 16,400-20,000 and providing him all service benefits from the date the next juniors to him have been granted the said scale of pay. ( 4 ) THE High Court by means of interim order directed the respondents to decide the representation of the petitioner in which such a grievance has been raised. The State Government has decided the representation of the petitioner and order passed thereon has been filed, as annexure-R. A.-l alongwith rejoinder- affidavit. This order is dated 30th July, 2002. In view of the aforesaid order all the points urged by the petitioner in the writ petition and the pleadings taken by the respondents in their counter-affidavit arc not required to be referred to in this order as the petition is being disposed of on the strength of the order passed by the State Government on the representation of the petitioner. ( 5 ) A perusal of the order dated 30th July, 2002 passed by the State Government shows that it is admitted case of the respondents that the petitioner was kept in the eligibility list in the departmental Promotion Committee, which was held on 29th August, 2000 and 28th March, 2001. It is also admitted case as emerges from the order that it was decided during the meeting that all those Officers whose entry for three years or more have not been received, their cases for grant of promotional pay scale be considered after getting the entry completed. It was also recommended that such cases be kept before the Departmental Promotion Committee again. It was also recommended that such cases be kept before the Departmental Promotion Committee again. The order further says that it is clear that in the aforesaid two meetings of the Departmental promotion Committee the case of the petitioner could not be considered because either his entries were not complete or were not available and the consideration was kept in abeyance but the persons junior to him whose entries were available and were found suitable were given promotion. In the light of the aforesaid fact it has further been provided in the order that the entries of the petitioner have been completed in the meantime and the case of the petitioner would be considered for promotion in the next higher pay scale of Rs. 16,400-20,000 against the available vacancies after holding a Departmental Promotion Committee again. ( 6 ) THE aforesaid order is dated 30th July, 2002 but till date the Departmental Promotion committee has not met. The reasons given in the aforesaid order for not considering the case of the petitioner for promotion in the higher pay scale and giving promotion to the persons Junior to the petitioner does not seem to be valid and reasonable. The petitioner cannot be or could not have been divested of his right of consideration for promotion to the higher pay scale for no fault of his own. If the entries were not complete or available or received by the Selection Committee it was for the Government to see that the entries be made available but on the face of the aforesaid order it is clear that the petitioners candidature was not at all considered while making promotion of the juniors. However, the petitioner had a right for consideration for promotion when the consideration for promotion was made and he cannot be ousted on such ground for which the petitioner cannot be held liable or responsible i. e. , for maintenance of the service record and fulfillment of the annual entries and completion of the entries. It is the liability and responsibility of the Officers concerned. The persons junior to the petitioner have been promoted in the higher pay scale in the month of May, 1999 and till date the petitioners case has not been considered. It is the liability and responsibility of the Officers concerned. The persons junior to the petitioner have been promoted in the higher pay scale in the month of May, 1999 and till date the petitioners case has not been considered. ( 7 ) IN view of the above position that the persons junior to the petitioner have been promoted in the higher pay scale and the petitioners case has not been considered coupled with the fact that the State Government has categorically provided in the order dated 30th July, 2002 that the entries of the petitioner have been completed, we are of the view that the State be directed to hold a review Departmental Promotion Committee and consider the case of the petitioner for promotion on the criteria specified from the date when his next junior has been promoted and has been given the higher pay scale. ( 8 ) WE, therefore, direct that respondents shall hold a review Departmental Promotion within a period of three months from the date the certified copy of this order is produced before the authority concerned and shall consider the case of the petitioner alongwith similarly situated candidates or persons who could not be considered for the same reason in the two Departmental promotion Committee held earlier mentioned in the order passed by the State Government dated 30th July, 2002 and the promotion shall be considered from the date when the next junior to the petitioner has been given the promotion and higher pay scale. ( 9 ) THE writ petition is allowed. No orders as to costs. . .