Deepak Kumar Varshney v. State of U. P. Thru Prin. Secy. Food & Civil Supplies
2016-03-10
ASHOK PAL SINGH, NARAYAN SHUKLA
body2016
DigiLaw.ai
JUDGMENT The petitioners have assailed the transfer order dated 15 December 2015, whereby Mr.Sunil Singh and Km.Reena Kumari, District Supply Officers have been posted at the places where the petitioners are working as Incharge District Supply Officers. 2. Since the respondent Nos.4 and 5 are the regularly appointed District Supply Officers, the petitioners may not have their claim to continue their posting as Incharge District Supply Officers. Therefore, we hereby dispense with the issuance of notices to the respondent Nos.4 and 5 in the interest of justice. 3. Whereas, at this stage the learned counsel for the petitioners has pointed out a letter dated 29 June 2015 issued by the Commissioner, Food and Civil Supplies Department to the district Magistrates of Mau, Hathras, Basti and Azamgarh, whereby the petitioner No.1 had been posted at Hathras in reference to the judgment and order dated 22.12.2009, passed by this Court in writ petition No.1889 (SB) of 2009. This Court had issued direction for posting of the Area Rationing Officer as Incharge District Supply Officers even in officiating capacity in accordance with the seniority subject to fitness. Further this Court at Allahabad in Writ-A No.13294 of 2014 had dealt with the same controversy as involved in the present case and provided as under: - "We further provide that till such regular appointments are made and the State Government has no other option but to make officiating appointments both on the post of District Supply Officer, Grade-II and District Supply Officer, Grade-I, the officiating appointments shall be made on the next higher post strictly in accordance with the seniority of the officers of the feeding cadre. The State Government shall not resort to indiscriminate posting of the officer so as to confer officiating charge of the higher post on juniors. The orders issued contrary to our direction as above shall be revisited by the State Government by the next date." 4. In view of the aforesaid directives issued by this Court the learned counsel for the petitioners has submitted that the criteria for posting of Area Rationing Officer as Incharge District Supply Officer would be seniority and seniority only, whereas there are number of Districts viz.Pilibhit, Moradabad, Gonda, Sambhal, Etawah, Mau, Sitapur, Balrampur, Deoria, Faizabad, Amroha, Sant Kabir Nagar, Baghpat, Basti, Azamgarh and Kannauj, where the juniors to the petitioner No.2 have been posted.
The petitioners have also come with a case that the post of District Supply Officer is vacant in three districts viz. Allahabad, Azamgarh and Bulandshahar and no District Supply Officer has been posted even in officiating capacity. 5. In view of the aforesaid submissions, it has been submitted that once the juniors have been allowed to continue to work as Incharge District Supply Officers though they hold their substantive post of Area Rationing Officer, there is no reason to debar the petitioners from their posting from Incharge District Supply Officers either in the district where the post of District Supply Officer is vacant or in different district keeping in view the order passed by this Court at Allahabad in Writ-A-No.13294 of 2014. 6. Regard being had to the aforesaid submissions, we are of the view that once the criteria for giving the charge of District Supply Officer in the officiating capacity has been laid down i.e. the seniority, there is no reason to debar the petitioners from posting as Incharge District Supply Officers particularly when the number of juniors are posted as such. Therefore, we hereby issue direction to the respondents 1 to 3 to consider the petitioners' posting as Incharge District Supply Officers either in the district where the post of District Supply Officer is vacant or in any different district within one month from the date of production of a certified copy of this order. With the aforesaid direction the writ petition is, accordingly, disposed of finally.