Court No. - 40
Case :- WRIT - A No. - 27412 of 2005
Petitioner :- Dr. Arun Kumar
Respondent :- State Of U.P. Thru' Principal Secy. & Others
Petitioner Counsel :- Samir Sharma
Respondent Counsel :- C.S.C.,A.K. Srivastava,A.K.Singh
Hon'ble Satya Poot Mehrotra,J.
Hon’ble Kashi Nath Pandey,J.
We have heard Sri Samir Sharma, learned counsel for the petitioner, the
learned Standing Counsel appearing for the respondent nos. 1 to 4 and Sri
A.K. Srivastava, learned counsel for the respondent no.5.
With the consent of the learned counsel for the parties, the Writ Petition is
being disposed of at this stage.
It appears that the petitioner while posted as Additional Nagar Swasthya
Adhikari, Nagar Nigam, Allahabad was transferred from Allahabad to District
Sonbhadra by the Order dated 25.6.2004. As the petitioner did not join at the
new place of posting, the salary of the petitioner with effect from July, 2004,
was not paid. Thereupon, the petitioner filed a Writ Petition before this Court
being Civil Misc. Writ Petition NO. 3673 of 2005. This Court by the Order
dated 27.1.2005 (Annexure 17 to the Writ Petition) disposed of the Writ
Petition directing the authority concerned to decide the Representation of the
petitioner for posting as well as for arrears of his salary.
Pursuant to the said Order dated 27.1.2005 passed by this Court, the
Representation of the petitioner was decided by the Order dated 10.3.2005
(Annexure-20 of the Writ Petition). The case of the petitioner is that on
receipt of the said Order dated 10.3.2005, the petitioner came to know
regarding his suspension and the initiation of Departmental Proceedings
against him.
Thereafter, the petitioner filed the present Writ Petition before this Court.
On 6.4.2005, this Court passed the following order:
“The Nagar Nigam, respondent no. 5, is represented by Sri A.K. Srivastava, Advocate. The
remaining respondents are represented by the Standing Counsel.
We have heard all the parties.
In view of the averments of the petitioner that he was never relieved by the Nagar Nigam,
Allahabad, for joining at his new place of posting, the suspension of the petitioner for not
complying with the transfer order does not appear to be justified.
However, because the petitioner has remained posted in Allahabad for a considerably long
period and his transfer order has been passed pursuant to a direction given by a learned Single
Judge of this Court in a contempt petition, therefore, we direct respondent no. 5 to relieve the
petitioner forthwith from his present posting and we grant the petitioner seven days’ time to
join his new place of posting pursuant to the transfer order dated 25.6.2004. If the above
directions are complied with, the suspension order and the disciplinary proceedings against the
petitioners, in contemplation of which he has been suspended, will remain stayed till further
orders.
The respondents may file their counter affidavit within a month.
List this petition after a month.
In the meantime, the State Government is also directed to post another officer in place of the
petitioner, so that the work of health in the Nagar Nigam, Allahabad, does not suffer.”
In paragraph 4 of the Second Supplementary Affidavit filed on behalf of the
petitioner it is, interalia, stated that after the aforesaid Interim Order dated
6.4.2005 passed by this Court, the petitioner was relieved on 11.4.2005 and he
submitted his Joining Report on 12.4.2005 at Sonbhadra in accordance with
the Order of his transfer. The joining was thus submitted by the petitioner
within the period of seven days granted by this Court in the Interim Order
dated 6.4.2005.
It is, interalia, further averred in the Second Supplementary Affidavit filed on
behalf of the petitioner that by the Order dated 4.3.2009, the Departmental
Proceedings against the petitioner have been dropped. Copy of the said Order
dated 4.3.2009 has been filed as Annexure SA-1 to the Second Supplementary
Affidavit.
It is, interalia, further averred in the Second Supplementary Affidavit that a
meeting of the Departmental Promotion Committee was held on 15.1.2008 for
considering the cases of the Medical Officers working in the pay-scale of Rs.
12000-16500 for promotion to the next higher post of Joint Director Grade
(pay-scale of Rs. 14300-18300); and that due to the pendency of the
departmental proceedings against the petitioner, sealed cover procedure was
adopted in respect of the petitioner; and that after the departmental
proceedings against the petitioner were dropped by the Order dated 4.3.2009,
the petitioner was given notional promotion by a subsequent Order dated
22.4.2009 on the post of Joint Director Grade (pay-scale of Rs. 14300-18300)
with effect from 11.2.2008 i.e. the date when juniors to the petitioner were
given promotion. Copy of the said Order dated 22.4.2009 has been filed as
Annexure SA-2 to the Second Supplementary Affidavit.
It is, interalia, further averred in the Second Supplementary Affidavit that the
petitioner has joined on the post of Joint Director Grade on 28.4.2009.
Sri Samir Sharma, learned counsel for the petitioner states that in view of the
dropping of the departmental proceedings against the petitioner, no further
orders are required to be passed as regards various prayers made in the Writ
Petition. Sri Samir Sharma states that the only dispute, which now remains is
regarding the pecuniary benefits to be given to the petitioner in respect of the
post of Joint Director Grade for the period with effect from 11.2.2008 till the
date of the joining by the petitioner on 28.4.2009.
Sri Samir Sharma brings to the notice of the Court that a Representation dated
4.6.2009 has already been made by the petitioner in regard to his aforesaid
claim before the respondent no.1. Copy of the said Representation has been
filed as Annexure SA-4 to the Second Supplementary Affidavit.
Sri Samir Sharma submits that the said Representation has not as yet been
decided by the respondent no.1.
Having regard to the facts and circumstances of the case and having
considered the submissions made by the learned counsel for the parties, we
are of the opinion that the interest of justice would be subserved by directing
the respondent no. 1 to decide the aforesaid Representation of the petitioner
within a specified period.
We accordingly dispose of the Writ Petition with the following directions:
1. Within eight weeks from today, the petitioner will make an application
before the respondent no.1 annexing thereto a certified copy of this
Order as well as a copy of his aforesaid Representation dated 4.6.2009
(Annexure SA-4 to the Second Supplementary Affidavit).
2. The respondent no.1 will decide the aforesaid Representation
submitted by the petitioner in accordance with law, expeditiously,
preferably within a period of three months of the date of receipt of the
aforesaid application of the petitioner.
It is made clear that this Court has not adjudicated the claim of the petitioner
on merits.
Order Date :- 19.1.2010
Ajeet