Allahabad High Court
Ashish Kumar Mishra & Anr. vs State Of U.P.Thru Prin.Secy. Energy ... on 25 November, 2019
Author: Abdul Moin
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- SERVICE SINGLE No. - 32367 of 2019 Petitioner :- Ashish Kumar Mishra & Anr. Respondent :- State Of U.P.Thru Prin.Secy. Energy Deptt. Lko & Ors. Counsel for Petitioner :- Laltaprasad Misra,Prafulla Tiwari Counsel for Respondent :- C.S.C.,Neerav Chitravanshi Hon'ble Abdul Moin,J.
Heard Dr. L.P. Mishra,Advocate assisted by Sri Praffula Tiwari, Advocate, learned counsel for the petitioners, learned Standing counsel as well as Sri Neerav Chitravanshi, learned counsel appearing for the respondents no. 2 to 5.
With the consent of learned counsel appearing for the contesting parties, the instant writ petition is being finally decided.
By means of the present petition, the petitioners have prayed for a Mandamus commanding the respondents to consider for promotion and to promote only those Junior Engineers as Assistant Engineers under the 8.33% quota as prescribed in Regulation 5 (1) (d) of the Uttar Pradesh State Electricity Board Services of Engineers Regulations, 1970 who have acquired the B.Tech/AMIE degree after taking due permission from the appointing authority/ competent authority. It is also contended that the applications have been invited against the 8.33% quota in terms of circular dated 07.08.2019.
A specific averment has been made in paragraph 18 of the writ petition that certain Junior Engineers who have acquired the B.Tech/AMIE degree without taking due permission from the department, their names have been forwarded by the screening committee. It is also contended that said persons could not have acquired the B.Tech/AMIE degree without a prior permission from the department as is contemplated in the order dated 18.08.1982, a copy of which is annexure 5 to the petition.
Learned counsel for the petitioner after arguing at some length contends that in this regard the petitioners may be permitted to submit a fresh representation within a week from today to the respondent no. 4, i.e Managing Director, U.P Power Corporation Limited, Shakti Bhawan, 14-Ashok Marg, Lucknow who may be directed to decide the said representation in accordance with law and the relevant rules within a specified time prior to making any such promotion to the post of Assistant Engineer in terms of circular dated 07.08.2019. To the said prayer, Sri Neerav Chitravanshi, learned counsel appearing for the respondents no. 2 to 5 has no objection.
Accordingly, without entering into the merits of the case, the present petition is disposed of with the giving liberty to the petitioners to submit a comprehensive representation to the respondent no. 4 within a week from today. In case such a representation is made along with a certified copy of this order then the respondent no. 4 shall proceed to decide the same in accordance with law within a period of three weeks from the date the said representation is submitted and prior to making any such promotion to the post of Assistant Engineer in terms of circular dated 07.08.2019.
Order Date :- 25.11.2019/Pachhere/-