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BRAHMA NAND CHAUDHARI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Brahma Nand Chaudhari v. State Of U.P. And Others - WRIT - A No. 9178 of 2004 [2005] RD-AH 2331 (5 September 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 3

Civil Misc. Writ Petition No.    9178   of  2004.

Brahma Nand Chaudhari. ..... ..... ....... Petitioner.

Versus

State of U.P. through Secretary,

Appointments Anubhag-3,

Government of U.P. Lucknow & another ..... ...... Respondents.

-----------

      Present:

  (Hon'ble Mr. Justice Amitava Lala and Hon'ble Mr. Justice Prakash Krishna)

   Appearance:

For the petitioner : Sri P.K. Sinha.

For the Respondents : Standing Counsel.

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Amitava Lala, J.-- The petitioner is entitled for adhoc promotion from the year 1988 but due to some disciplinary proceeding the report of the Departmental Promotion Committee was kept in a sealed cover. The Departmental Promotion Committee again constituted in 1990 and gave adhoc promotion to the petitioner. The petitioner was shown as promoted from 1990 in the gradation list vide annexure-4 to the writ petition. The sealed cover was subsequently opened and it was found that the petitioner was recommended for promotion in the year 1988 itself. However, he was posted as Tehsildar but not given promotion to the post of Deputy Collector. Thus, the question arose what would be the appropriate period for treating him in adhoc promotion 1988 or 1990?

The respondents contended that there was a disciplinary proceeding following the criminal proceeding, which was subsequently finalised by making two separate adverse entries in the service record of the petitioner vide order dated 15th October, 1988. We have gone through the adverse entries and found that he was cautioned for not taking appropriate steps and was censured. From the rules of promotion we find that selection to the senior scale shall be made on the recommendation of a Selection Committee, on the basis of seniority subject to rejection of unfit, from amongst such officers, who have put in at least six years service on the date of selection. There is no such case herein as against the petitioner. He has been exonerated from the charges in the criminal proceedings and only two censure entries were made in his service record. In fact, he was directed to be more careful in discharging his official duties. Now, the relevant question is what would be the starting period of the adhoc promotion-- is it the period when the recommendation has been made by the selection committee or when the sealed cover is opened?

It appears to us and as per rules made for the selection under the Uttar Pradesh Civil Services (Executive Branch) Rules, 1982, relevant for the period, the starting period of adhoc promotion will be from the date of recommendation as given by the recommendation committee in the year 1988 to other persons.

Therefore, taking into account totality of the matter we are of the view that the promotion, which has been given to the petitioner in 1990 to the post of Deputy Collector, is incorrect. It will be given effect from the appropriate date of year 1988.

With the above observations and order the writ petition is disposed of.

However, no order is passed as to costs.

Accordingly, the petitioner will be entitled for all consequential benefits following the observations and order of this Court.

(Justice Amitava Lala)

     I agree.

(Justice Prakash Krishna)

Dated: 05th September, 2005.

SKT/W.P.-9178-04.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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