Allahabad High Court
Poonam Singh vs S.D.M. Teh. Sadar Sultanpur & Ors. on 23 January, 2020
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 25 Case :- MISC. SINGLE No. - 36208 of 2019 Petitioner :- Poonam Singh Respondent :- S.D.M. Teh. Sadar Sultanpur & Ors. Counsel for Petitioner :- Subhash Singh,Rajnish Kumar Singh,Shashank Vikram Shah Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. In pursuance of the order passed by this Court on 2.1.2020, the Additional Chief Secretary, Department of Revenue, Government of U.P., Smt. Renuka Kumar is present in person before the Court today.
2. This Court had expressed an anxiety with regard the orders passed in Public Interest Litigation No.53556 of 2015 (Yashpal Singh vs. State of U.P. and others) and also the judgment rendered in the case of Ayodhya Prasad Tripathi and others vs. State of U.P.: Writ Petition No.1184 (MB) of 2016 on 21.1.2016 being not followed by the State Government.
3. This Court had noticed that everyday several petitions are coming up for directions to the Revenue Courts to decide the matters pending before them expeditiously and in the order sheet that were filed as Annexures to the petitions, it was shown mostly that the Presiding Officers were busy in administrative work. The Court found this to be one of the reasons for inordinate delay in disposal of cases by Revenue Courts.
4. This Court, therefore, had directed the Additional Chief Secretary, Department of Revenue, Government of U.P. to appear and explain why the Presiding Officers of Revenue Courts are being assigned non-judicial work and why they are not being given judicial work exclusively, so as to render speedy justice to the litigants. The Government was to indicate the steps taken in this regard.
5. Smt. Renuka Kumar, on the basis of a note submitted to her by her Department, has apprised this Court that initially, right after the passing of the judgment by this Court in Public Interest Litigation No.53556 of 2015, the Government had issued an order on 14.12.2016, creating posts on the judicial side of Additional District Magistrate (Judicial), Sub Divisional Magistrate (Judicial), Tehsildar (Judicial) as well as supporting staff of Stenographers, Senior Assistants/Paishkaars and Class IV employees. A total of 2432 such posts were created and it was also directed that wherever transfers and postings are to be made, it should be ensured that the post should be filled up first by the relieving officer so that judicial work of the Revenue Courts may not suffer. The said Government Order was thereafter reiterated by the Government Orders dated 6.11.2018, 25.10.2019. One other Government Order dated 20.1.2020 has been issued after this Court passed the order on 2.1.2020, where the Government clarified that the officers appointed to do the work on judicial side in Revenue Courts be not burdened with duties on the administrative side, so that they can concentrate on decision of matters pending before the Revenue Courts.
6. It has been submitted by Smt. Renuka Kumar that as of now, there are 75 posts of Additional District Magistrate (Judicial) and all 75 such posts are filled up. There are 340 posts of Sub Divisional Magistrate (Judicial) on which, 121 officers are working. There are 219 vacancies and with regard to these 219 vacancies, Smt. Renuka Kumar has stated that request has been sent to the U.P. Public Service Commission for 119 vacancies and the main examination has been held in October, 2019 and the results are awaited and thereafter, interviews will be held and perhaps the Government would get suitable officers from the U.P. Public Service Commission after selection by March, 2020. With regard to another 46 vacancies also, a requisition has already been sent and selection process would be completed hopefully by early 2020 as the advertisement has been issued in this regard and preliminary examination has also been held and hopefully another 46 officers' posts would be filled up by early 2020. For the remaining 54 vacancies, a requisition has been prepared, which is going to be sent to the U.P. Public Service Commission very shortly and hopefully the dirth of officers at the level of Sub Divisional Magistrate (Judicial) shall be met suitably by March, 2020.
7. With regard to 340 posts of Tehsildar (Judicial), it has been informed that only 42 Tehsildars (Judicial) are working. The reason for huge number of vacancies as indicated by Smt. Renuka Kumar is that the post of Tehsildar (Judicial) is a promotional post and a minimum period of five years' substantive service is required a for Naib Tehsildar to be considered for selection/promotion on the post of Tehsildar (Judicial). At present, only 65 Naib Tehsildars have been found to be eligible as per the minimum qualifying service of five years required under the Rules and they would hopefully be promoted in near future. That that would still leave around 233 more posts vacant for Tehsildar (Judicial).
8. It has been suggested that the Government can consider reduction of five years' criteria of substantive service by 1/3rd, and make promotions of suitable candidates. However, such a decision is yet to be taken and it is only a proposal which would require suitable opinion to be rendered by the Law Department and other Departments. Ultimately the decision is to be taken by a High Level Committee.
9. Smt. Renuka Kumar says that she has joined only recently and she prays for some time to place further developments regarding the efforts made by the Government to fill up the vacancies of Tehsildar (Judicial) and assures this Court that she would do the needful with regard to taking of appropriate decision relating to reduction in minimum qualifying service required for filling up the post of Tehsildar (Judicial).
10. This Court does not doubt the earnest efforts made by Smt. Renuka Kumar.
11. It has been informed by the learned counsel for the petitioner that in pursuance of the orders passed by the Court, the grievance of the petitioner regarding non disposal of Case no.137/2017 has been more or less redressed as the matter has been decided by the Sub Divisional Magistrate, Sadar, Sultanpur. However, the petitioner is aggrieved by the final order passed as her case has been dismissed on technical grounds.
12. The petitioner has remedy under the statute against the order passed by the Sub Divisional Magistrate concerned in her case.
13. This writ petition in so far as it relates to the grievance of non disposal of partition suit and its pendency having been redressed, has become infructuous, and is dismissed as such.
14. However, the PIL Cell of the High Court is directed to institute a fresh case in regard to vacancies in Revenue Courts and their working, especially assignment of judicial work exclusively, without any other administrative work, to officers presiding such Courts under the relevant statues and place a report before the Hon'ble Division Bench concerned to take up the matter on the judicial side as a PIL. The appropriate report shall be sent by the PIL Cell to the Hon'ble Division Bench within two weeks from the date of this order.
15. Let the matter be listed before the appropriate Division Bench as a separate PIL with regard to filling up all vacancies in Revenue Courts and monitoring of their working on 27.3.2020.
16. The Additional Chief Secretary, Department of Revenue, Government of U.P., Smt. Renuka Kumar has been very helpful and her appearance is exempted till further orders.
17. However, it is expected that the Government shall file an appropriate affidavit to be sworn by an officer not less in rank than the Secretary in the Department of Revenue, before the Hon'ble Division Bench as soon as the fresh PIL is registered and notice of the same is served in the office of the Chief Standing Counsel.
Order Date :- 23.1.2020/Sachin