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Allahabad High Court
Shiv Kumar Pandey And Another vs U.P. State Road Transport … on 6 August, 2010
Court No. - 22

Case :- SERVICE SINGLE No. - 4987 of 2010

Petitioner :- Shiv Kumar Pandey And Another
Respondent :- U.P. State Road Transport Corporation Through Its M.D.&
Ors.
Petitioner Counsel :- Gaurav Mehrotra
Respondent Counsel :- C.S.C.,Mahesh Chandra

Hon'ble Satyendra Singh Chauhan,J.

Heard learned counsel for the parties.

Power filed by Sri Rahul Srivatava on behalf of opposite parties no.4 to 7 is
taken on record.

Short counter affidavit filed on behalf of opposite parties no.4 to 7 is also
taken on record.

Counsel for the petitioners submits that an interim order was passed by this
Court in Writ Petition No.5041 (SS) of 2010. The case of the petitioners is
identical and, therefore, they are also entitled to the same benefit as the
respondents no.4, 5 and 7 were promoted by means of the same order, which
was stayed by this Court in the aforesaid writ petition.

Sri Mahesh Chandra, counsel appearing for the U.P. State Road Transport
Corporation submits that he could not dispute the promotions, which
were made and states that continuously promotions are being made in
pursuance to the resolution of the Corporation. Therefore, the present
promotion can also be made without approval of the Government.

Counsel for the opposite parties no.4 to 7 states that an order was passed by
this Court in Writ Petition No.1304 (SS) of 2010 to the effect that promotions
may take place from the seniority list, which was prevailing prior to 2007.

In this view of the matter, the operation of the order dated 28.6.2010, so far it
relates to promotion of opposite parties no.4, 5 and 7 shall remain stayed.
However, the opposite parties will be at liberty to proceed with the promotion
in accordance with the seniority list, which was prevailing prior to 2007.

List this petition along with Writ Petition No.5041 (SS) of 2010.

When case is listed next, name of Sri Rahul Srivastava will be shown in the
cause list as counsel for the opposite parties no.4 to 7.

Order Date :- 6.8.2010
Rao/-


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