Court No. - 9 Case :- WRIT - C No. - 35591 of 2010 Petitioner :- Ranendra Pratap Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Chandan Sharma,Umesh Narain Sharma Respondent Counsel :- C.S.C. Hon'ble Vijay Manohar Sahai,J.
Hon’ble Krishna Murari,J.
Heard learned counsel for the petitioner and learned Standing
Counsel appearing on behalf of the respondent Nos. 1 to 3. Sri
H.R. Mishra, learned Senior Counsel assisted by Sri Saurabh
Srivastava, learned counsel for the respondent No.4.
Sri Saurabh Srivastava has filed counter affidavit on behalf of
respondent No.4 which is taken on record.
Rejoinder affidavit may be filed within three weeks.
List after expiry of the aforesaid period.
From a perusal fo the order dated 26th October, 2009 issued by the
Law Department of the State to the District Magistrate, Allahabad,
it is clear that the petitioner was the senior most Additional District
Government Counsel (Criminal) and he was given the officiating
charge of District Government Counsel (Criminal) till the regular
appointment was made on the post of District Government
Counsel (Criminal). By another order dated 2nd June, 2010 issued
by the Law Department of the State, respondent No.4 has been
appointed to officiate on the post of District Government
Counsel(Criminal). Since the petitioner was the senior most
Additional District Government Counsel (Criminal), therefore, he
is entitled to officiate on the post of District Government
Counsel(Criminal), therefore, the petitioner is entitled for an
interim relief.
Until further orders of this Court the effect and operation of the
order dated 2nd June, 2010 passed by the Special
Secretary/Additional Legal Remembrancer, Govt. of U.P.,
Lucknow-respondent No.2 shall remain stayed. Respondents are
restrained from interfering in the functioning of the petitioner as
officiating District Government Counsel (Criminal) till regular
appointment is made on the post of District Government Counsel
(Criminal).
Order Date :- 18.6.2010
Shiraz