Allahabad High Court
State Of U.P.Throu.Chief Secy.Govt.Of ... vs Shri Naveen Kapoor And Ors. on 4 September, 2019
Bench: Pankaj Kumar Jaiswal, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 269 of 2019 Appellant :- State Of U.P.Throu.Chief Secy.Govt.Of U.P.Lko.And Ors. Respondent :- Shri Naveen Kapoor And Ors. Counsel for Appellant :- C.S.C. Counsel for Respondent :- Shobhit Mohan Shukla,Anuj Pandey,Mukund Tewari,Rakesh Kr.Chaudhary Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Jaspreet Singh,J.
Heard Sri Sanjay Sharin learned Additional Chief Standing Counsel for the State-appellant and Sri Mukund Tiwari, learned counsel for the respondent no.1-writ petitioner.
For the reasons stated in the affidavit accompanying the delay condonation application, cause shown is sufficient.
Delay in filing the appeal is condoned.
The C.M.A. No.78297 of 2019 is accordingly, allowed.
This Special Appeal has been filed by the State-appellant against the Judgement and order dated 10.05.2019 passed by learned Writ Court in Service Single No. 7212 of 2019 (Naveen Kapoor Vs. State of U.P. and others) whereby the recommendation of the D.P.C. dated 08.03.2019 by which promotion of the private respondents in the writ petition for the post of Chief Engineer (Level-II) (Mechanical) as well as the consequential promotion orders dated 09.03.2019 have been quashed and further directed the respondents to make fresh selection on the post of Chief Engineer (Level-II) (Mechanical) in the Department of Irrigation and Water Resources, strictly on the basis of merit and in accordance with Rules 1990 and Rules, 1994 as well as Government Order dated 20.11.2017, preferably within a period of six weeks from the date of presentation of a certified copy of the order.
Sri Mukund Tiwari, learned counsel for the respondent no.1 has submitted that when the Judgement and order passed by learned Writ Court has not been complied within a period of six weeks from the date of presentation of a certified copy of the same before the concerned authorities, two contempt petitions being Contempt No. 1661 of 2019 (Naveen Kapoor Vs. Anoop Chandra Pandey Chief Secretary Government of U.P. and others) and another contempt being Contempt No.1776 of 2009 Mool Chand Singh Yadav Vs. Anoop Chandra Pandey Chief Secretary Government of U.P. and others) were filed before this Court and the same are pending consideration.
Sri Sanjay Sharin, learned Additional Chief Standing Counsel for the State-appellant has made a statement at bar that though special appeal against the Judgement and order passed by learned Writ Court has been filed but the State Government is making best possible immediate efforts to implement the Judgement and order passed by the learned Writ Court. He has further stated that since the matter is pending for re-consideration and implementation of the impugned order before the State Government and precisely they are abiding with the view taken by the learned Writ Court and prays for time to comply the Judgement and order in letter and spirit.
Per contra Sri Mukund Tiwari, learned counsel for the respondent no.1 has opposed the prayer made by the State-appellant and has submitted that there is no ambiguity in the Judgement and order passed by learned Writ Court since the learned Writ Court has directed to make fresh selection on the post of Chief Engineer (Level-II) (Mechanical) in the Department of Irrigation and Water Resources, strictly on the basis of merit and in accordance with Rules 1990 and Rules, 1994 and the Government Order dated 20.11.2017.
Considering the aforesaid statement made by learned Additional Chief Standing Counsel that the State Government is making best possible immediate efforts to implement the Judgement and order passed by the learned Writ Court, without expressing any opinion on merit of the case, the State-appellants are directed to comply with paragraph no.39 of the impugned Judgement and order dated 10.05.2019 expeditiously, as early as possible, preferably within a period of 30 days from today.
With the aforesaid, the instant appeal is accordingly, disposed off.
The connected Special Appeal Defective No. 304 of 2019 (Pradeep Jha Vs. State of U.P. and others) is de-linked and is directed to be listed separately.
[Jaspreet Singh,J.] [Pankaj Kumar Jaiswal,J.] Order Date :- 4.9.2019 S.Ali