Court No. - 4 Case :- SERVICE SINGLE No. - 3048 of 2010 Petitioner :- Raghvendra Pratap Singh, S/O-Late Ram Avtar Singh Respondent :- State Of U.P.,Thru. Prin. Secy., Excise & Others Petitioner Counsel :- R.S. Dwivedi,Neelam Singh Respondent Counsel :- C.S.C. Hon'ble Ritu Raj Awasthi,J.
Copy of the amended writ petition filed today, is taken on record.
Heard Sri R.S. Dwivedi, learned counsel for the petitioner as well as Sri
Sharad Tiwari, learned Standing Counsel for the opposite parties and perused
the record.
The writ petition has been filed challenging the order dated 29.12.2009
contained as Annexure-8B to the writ petition, whereby the previous service
rendered by the petitioner in Chalchitra Nigam has been refused by the
opposite parties after his absorption in U.P. Excise Department.
The learned counsel for the petitioner submits that the similar controversy as
involved in the present writ petition has been considered by this Court in Writ
Petition No.2646(S/S) of 2002, Sushri Reeta Sharma Versus State of U.P.
and others, in which this Court was pleased to provide that the petitioner
shall make a representation to the State Government, who shall pass
appropriate orders in the light of the observations made in the order within a
maximum period of three months from the date of passing of a certified copy
of the order.
The learned counsel for the petitioner submits that in compliance of the said
judgment and order, Sushri Reeta Sharma, has been given the benefit of
services rendered by her in U.P. Chalchitra Nigam. The order of compliance
dated 7.10.2009 has been brought on record as Annexure-5 to the amended
writ petition. It is further submitted that in the case of Rameshwar Dutt
Sharma Versus State of U.P. and others, Writ Petition No.7089(S/S) of 2009,
this Court relying on the judgment and order passed in the case of Sushri
Reeta Sharma (Supra) has been pleased to direct the opposite parties to decide
the representation of the petitioner within a period of two months.
The learned Standing Counsel does not dispute the aforesaid position.
In view of above with the consent of the parties counsel the writ petition is
finally disposed of with a direction to the petitioner to make a fresh
representation to the opposite party no.2 within 10 days from today and if
such a representation is made the opposite party no.2 shall decide the same
within a period of two months in the light of the judgment and order dated
7.4.2009 passed in the case of Sushri Reeta Sharma (Supra) in accordance
with law, rules and regulations and communicate the decision so taken to the
petitioner in writing.
With the aforesaid observations the writ petition stands disposed of finally.
Order Date :- 8.7.2010
Prajapati