Court No. - 4 Case :- SERVICE BENCH No. - 1779 of 2009 Petitioner :- State Of U.P. Thru Prin. Secy. P.W.D. & Anr. Respondent :- Hari Mohan Johri S/O Shad Narain & Anr. Petitioner Counsel :- Standing Counsel Respondent Counsel :- Shishir Jain Hon'ble Sunil Ambwani,J.
Hon’ble Vedpal,J.
Learned Addl. Chief Standing Counsel has produced the record.
Proceedings of the departmental promotion committee held on
11.8.2000 show that Shri Hari Mohan Johari, Surendra Kumar Tyagi
and Shri Vijay Kumar Khaitan were considered and approved for
promotion as Superintending Engineer w.e.f. the date when vacancy
arises in the cadre. The petitioner thereafter was promoted only on
officiating basis on 17.8.2000. He thereafter was allocated and
proceeded to the State of Uttrakhand and was reverted back to the State
of Uttar Pradesh in pursuance of the judgment of the High Court. The
State Government has carried out the orders and has given substantive
promotion to the petitioners w.e.f. the date from which his immediate
junior was promoted i.e. w.e.f. 2.6.2004.
In this writ petition, we are called upon to decide as to whether
the date assigned for promotion has to be pushed back to the date when
vacancy had actually arises and when the petitioner was not posted in
the State of Uttar Pradesh. We are informed that officers have been
summoned by the Tribunal for framing charges for committing
contempt of the order of the Tribunal.
As an interim measure, we stay the proceedings of the contempt
pending before the Tribunal, until the decision of this writ petition. We
make it clear that seniority is not an issue at present in this writ petition.
Order Date :- 13.1.2010
Tripathi