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2018 DIGILAW 1431 (ALL)

Rudra Pratap v. State of U. P.

2018-06-18

DEVENDRA KUMAR ARORA, VIRENDRA KUMAR II

body2018
JUDGMENT : Devendra Kumar Arora, J. Heard Sri Sandeep Dixit and Sri Sharad Bhatnagar, Learned Counsels for the petitioner and Sri H.P. Srivastava, learned Additional Chief Standing Counsel. 2. By means of present writ petition, the petitioner has sought for a direction to the opposite parties to consider the candidature of the petitioner for promotion on the post of Additional Director Grade-I as well as Director by Constituting Selection Committee in accordance with law forthwith. 3. Submission of learned Counsel for the petitioner is that the petitioner was recommended by the Departmental Promotion Committee and consequently was promoted to the post of Director, Animal Husbandry Department U.P. on 19.09.2007 being a person of reserved category and performed his duties as such till September, 2015. Thereafter, he was demoted to the post of Additional Director Grade-II vide Office Memorandum dated 02.09.2015 in pursuance to the judgment and order of Hon'ble Apex Court in U.P. Power Corporation Ltd. Vs. Rajesh Kumar and others (2012) 7 SCC 1 . 4. Further submission of learned Counsel for the petitioner is that service condition of the petitioner is governed by the Uttar Pradesh Veterinary Services Rules, 2015 (herein after referred to as "Rules, 2015), which was amended on 12.08.2015 and as per Rule 04 of the Rules, 2015 there are two posts of Director and four posts of Additional Director Grade-I and 21 posts of Additional Director Grade-2 in the office of Director of Animal Husbandry and the posts up to the Additional Director Grade-2 in the recruitment year 2017-2018 has to be filled by the department, but reason best known to the authorities, they have not taken any steps for filling up the posts of Additional Director Grade-I and the post of Director, though the Chief Secretary time and again has issued directions for filling up all the promotional post within the recruitment year. 5. It is also submitted that the petitioner is fully eligible and falls in the zone of eligibility for the post of Additional Director Grade-I and Director and the present recruitment year is going to expire on 30.06.2018. As no action has been taken despite repeated best efforts of the petitioner, therefore, the petitioner is constrained to approach this Court for a direction against the opposite parties for holding the Selection/ Departmental Promotional Committee before the expiry of recruitment year 2017-2018. 6. As no action has been taken despite repeated best efforts of the petitioner, therefore, the petitioner is constrained to approach this Court for a direction against the opposite parties for holding the Selection/ Departmental Promotional Committee before the expiry of recruitment year 2017-2018. 6. This Court while entertaining the writ petition vide order dated 12.06.2018 directed the learned Standing Counsel to seek instructions in the matter and once again today the date was fixed directing the learned Standing Counsel to seek instructions. 7. Learned Additional Chief Standing Counsel on the basis of instructions has submitted that the proposal has been sent to the Personnel Department for making promotion on the post of Additional Director Grade-I on 12.06.2018 and the further action is to be taken by Personnel Department. It has also been pointed out that the issue of promotion on the post of Additional Director Grade-I is pending consideration before the Personnel Department and action will be taken expeditiously. 8. Submission of the learned Counsel for the petitioner is that the petitioner is going to attain the age of superannuation on 30.6.2018 9. Appreciating the submission of learned Counsel for the parties and the fact that the present recruitment year is going to expire on 30.06.2018 and the Chief Secretary time and again has issued directions to all the department concerned to make promotion on the vacant post within the recruitment year by fixing time schedule. Apparently, the department has not processed the selection on the post of Additional Director Grade-I Veterinary Department Animal Husbandry earlier but now the proposal has been sent only for the post of Additional Director Grade-I by the department and the issue is pending with the Personnel Department, therefore, ends of justice would be served by directing the Principal Secretary, Personnel Department, Government of U.P. and all other concerned to ensure that the Departmental Promotional Committee is convened before the expiry of current recruitment year i.e. 30.06.2018, so that the recommended candidates are given the benefit of promotion on the post in question before the expiry of the recruitment year 2017-2018. 10. With the aforesaid observation/direction, the writ petition is disposed of finally.