Allahabad High Court
Dr.Renu Dwivedi vs State Of U.P.Thru Prin.Secy.Cultural ... on 12 February, 2020
Author: Rajesh Singh Chauhan
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 23 Case :- SERVICE SINGLE No. - 2970 of 2020 Petitioner :- Dr.Renu Dwivedi Respondent :- State Of U.P.Thru Prin.Secy.Cultural Affairs Lucknow & Ors. Counsel for Petitioner :- Gaurav Mehrotra,Maria Fatima,Utsav Mishra Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Gaurav Mehrotra, learned counsel for the petitioner and Sri Ran Vijay Singh, learned Addl. C.S.C. for the State-respondents.
In view of the proposed order notice to opposite party no. 4 is hereby dispensed with as no prejudice is being caused to opposite party no. 4 by means of this order.
By means of this petition the petitioner has prayed that the opposite parties be directed to prepare a combined seniority list of Numismatic Officer, Curators (Sangrahalaya Adhyaksha) and Assistant Directors in the cadre of Uttar Pradesh Museum Group B services determining inter-se seniority of the incumbents of aforesaid three cadres strictly in view of the statutory prescriptions. The learned counsel for the petitioner has referred U.P. Museum Group-A Service Rules, 2000 (herein after referred to as Rules, 2000 in short) and Part-III thereof deals Recruitment. Rule 5 (2) provides the modality as to how the Director, Grade-II shall be promoted. For the brevity Rule 5(2) of the Rules is being reproduced :
"(2) Director Grade II- By promotion through the Selection Committee from amongst substantively appointed Sangrahalayadhyakshas, Assistant Director and Numismatic Officers, who have completed eight years service, as such, on the first day of the year of recruitment."
Prima-facie it appears that the promotion on the post of Director Grade-II shall be made from eligible candidates of three cadres, therefore, inter-se seniority should be determined as per U.P. Government Seniority Rules, 1991.
Learned counsel for the petitioner has drawn attention of this Court towards Annexure no. 6 which is dated 24.5.2019 preferred to Principal Secretary, Culture Department, U.P. Government, Lucknow and no decision has been taken on the said representation. Learned counsel for the petitioner has further submitted that the petitioner may be given liberty to prefer a fresh representation taking all pleas and grounds which are available to him and direction may be issued for disposal of the representation.
Learned counsel for the opposite party has no objection, if direction for disposal of representation is issued, therefore, without entering into the merits of the issue, I hereby dispose of the writ petition finally at the admission stage permitting the petitioner to prefer a fresh representation to the Principal Secretary, Department of Culture, U.P., Lucknow taking all pleas and grounds which are available to him within a period of 15 days and if such representation is preferred by the petitioner within aforesaid stipulated time the authority concerned is directed to consider and decide the said representation strictly in accordance with law by speaking and reasoned order preferably within a period of two months from the date of production of the certified copy of the order of this Court and decision thereof be intimated to the petitioner forthwith.
In view of above directions, writ petition is disposed of.
Order Date :- 12.2.2020 Om [Rajesh Singh Chauhan, J.]