Allahabad High Court
Vijay Kishore Anand And 9 Ors. vs State Of U.P. Thru Prin.Secy.Transport ... on 13 May, 2019
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 23 Case :- SERVICE SINGLE No. - 12438 of 2019 Petitioner :- Vijay Kishore Anand And 9 Ors. Respondent :- State Of U.P. Thru Prin.Secy.Transport Lucknow And Ors. Counsel for Petitioner :- Gaurav Mehrotra,Abhinav Singh Counsel for Respondent :- C.S.C.,Hemant Kr Mishra,Rajeiu Kumar Tripathi,Surya Narayan Mishra,Vinod Kumar Singh Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Gaurav Mehrotra, learned counsel for the petitioners, the learned Standing Counsel for the State-respondents, Sri J.N. Mathur, learned Senior Advocate assisted by Sri S.N. Mishra, Advocate for the No.13, Sri Hemant Kumar Mishra, learned counsel for the opposite party Nos.14 and 15 and Sri Rajeiu Kumar Tripathi, learned counsel for the opposite party No.16. Issue notice to opposite party Nos.4 to 12, by both ways, returnable at an early date. Let necessary steps be taken within three days.
Office is directed to issue necessary Dasti Notices to the learned counsel for the petitioners to serve upon the opposite party Nos.4 to 12 outside the Court. By means of this writ petition, the petitioner has assailed the final seniority list dated 15.04.2919 on the ground that the seniority list in the matter has already attained finality but this seniority list has been issued in contravention of the settled proposition of law. Learned counsel for the petitioners has also assailed the subsequent order dated 15.04.2019, whereby the objections of the petitioners against the seniority list have been rejected. Learned counsel for the petitioners has pressed the interim relief application submitting that despite the petitioners being senior most in the cadre, they have been placed below the private-respondents in violation of the orders being passed by this Court in earlier occasion. However, Sri J.N. Mathur, learned Senior Advocate has submitted that while issuing the seniority list on 15.04.2019 and the impugned order dated 15.04.2019 none of the orders of this Court has been flouted. The apprehension of learned counsel for the petitioners is that the promotion on the post of Assistant Regional Transport Officer may likely to take place in the last week of May, 2019, therefore, direction for status-quo may be issued. Considering the aforesaid submissions of learned counsel for the parties, learned counsel for all the opposite parties are granted ten days' time to file their respective counter/ short counter affidavits. Rejoinder affidavit, if any, may be filed within three days' thereafter. List this petition on 28.05.2019 as fresh.
Learned counsel for the petitioners is granted liberty to make mention on the said date for taking up this case out of turn. Order Date :- 13.5.2019 Suresh/ [Rajesh Singh Chauhan,J.] .
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Court No. - 23 (C.M. Application No.59788 of 2019) In Re:-
Case :- SERVICE SINGLE No. - 12438 of 2019 Petitioner :- Vijay Kishore Anand And 9 Ors.
Respondent :- State Of U.P. Thru Prin.Secy.Transport Lucknow And Ors.
Counsel for Petitioner :- Gaurav Mehrotra,Abhinav Singh Counsel for Respondent :- C.S.C.,Hemant Kr Mishra,Rajeiu Kumar Tripathi,Surya Narayan Mishra,Vinod Kumar Singh Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the parties on the application for impleadment.
On due consideration, the application for impleadment is allowed.
Learned counsel for the petitioners is permitted to implead the applicant as opposite party No.16 in the array of opposite parties in the writ petition, during the course of day.
Order Date :- 13.5.2019 Suresh/ [Rajesh Singh Chauhan,J.]