Court No. - 4 Case :- SERVICE BENCH No. - 1854 of 2009 Petitioner :- Naveen Kumar Pandey S/O Late Uma Shanker Pandey & Anr. Respondent :- U.P. Public Services Tribunal,Lucknow & Ors. Petitioner Counsel :- A.R. Masoodi Respondent Counsel :- C.S.C.,B.K. Yadav,Girish Chandra Verma Hon'ble Sunil Ambwani,J.
Hon’ble Dr. Satish Chandra,J.
Heard Sri S.K.Kalia, Senior Advocate, assisted by Sri A.R.Masoodi for
petitioners, learned Standing Counsel for respondents no.3 and 4 and
Sri G.C.Verma for respondent no.2.
This petition has been connected with Writ Petition Nos. 1794 of 2009
and 3967 of 2008 of group ‘S/B’.
A preliminary objection has been raised that the judgment of the
Tribunal has been upheld and that writ petition filed by Ram Prakash
Gupta has been dismissed in limine. Sri S.K.Kalia submits that Ram
Prakash Gupta was not a party before the Tribunal and that against the
order of the Tribunal dated 19.11.2009, he had rushed to file the writ
petition which was dismissed on 2.12.2009, raising strong doubts on the
bona fides. The petitioners were parties in the claim petition and are
directly affected by the judgment.
It is contended by Sri S.K.Kalia that the Tribunal has completely
misdirected itself in quashing the amended seniority list dated
25.11.2008. The matter in issue is seniority amongst S.A.S. group I inter
alia for promotion to Group B posts i.e. gazetted posts. It is submitted
that the petitioners were regularised in S.A.S. group I, as referred to in
the order of October, 2006, and that the other aspects are also is
required to be re-considered by this Court.
Learned counsel for the respondent would submit that the seniority list
was changed without any representation or notice.
After hearing learned counsel for the parties at length, we find that the
matter requires consideration by this Court, as there were many other
aspects which were not considered by the Tribunal.
Let affidavits be exchanged between the parties.
List on 15th February, 2010 along with other connected writ petitions.
Till 15th February, 2010, no regular promotions shall be made to
U.P.Agriculture Group B service.
Order Date :- 7.1.2010
VB/-