Court : Allahabad
Reported in : 2004(3)AWC2743
m. katju and poonam srivastava, jj.1. heard learned counsel for the parties.2. by means of present writ petition, the petitioner has challenged the 'uttar pradesh rural engineering (group 'a') services (fourth amendment) rules, 2003, whereby rule 5 of the said rule has been amended by means of notification no. 85cm/62-3-2003-9res/2003, in exercise of powers granted by proviso to article 309 of the constitution of india. the old rule of 1991 wherein the criteria for promotion to the post of chief engineer has been amended. the old rule provided that the promotions to the post of chief engineer (grade ii) was to be made amongst the substantively appointed superintending engineer who had completed in the year of their recruitment at least six years service as superintending engineer and a total period of 25 years of service. this rule has been substituted by the amending rule-the post of chief engineer (grade ii) will be filled by promotion from the substantively appointed superintending engineers.3. the petitioner has challenged the amended rule on the ground that it has been enacted mala fide and with an intention to given promotion to respondent no. 3 on the post of chief engineer on regular basis defeating the judgment of this court dated 11.3.2003 in civil misc. writ petition no. 4927 of 2003 and is motivated with mala fide reasons. it has also been challenged on the ground that amended rule is illegal, arbitrary and unfair and gives liberty to promote any person on pick .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(1)AWC865; (2002)2UPLBEC1322
s.k. singh, j.1. by means of this writ petition, petitioners have prayed for issuance of a writ in the nature of certiorari quashing the order dated 8.7.1999 (annexure-7 to the writ petition) passed by respondent no. 1, by which the select list for the post of gram vikas adhikarl of group 'c' service was cancelled.2. an advertisement for direct recruitment for 36 post of gram vikash adhlkari of group 'c' service under the district development officer sonebhadra. respondent no. 3 was published in august. 1998. the aforesaid posts were to be filled up in accordance with provisions of u. p. procedure for direct recruitment for group 'c' posts (outside the purview of u. p. public service commission) rules. 1998. hereinafter referred to as the rules. it was also notified that a competitive written examination for the said post will be held in each district where the vacancies have been published on one and the same date by an independent agency appointed by the state government for this purpose. the candidates who had passed intermediate science or intermediate agriculture examination of u. p. board or equivalent examination were entitled to apply for the said post. a large number of candidates applied in pursuance of the said advertisement. rule 5 of the aforesaid rules provides for giving marks to the candidates on their performance in the light of the written examination, at minimum qualifying examination, i.e., intermediate science and intermediate agriculture and on interview .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1823
amar saran, j.1. this special appeal has been preferred by the state of u.p. represented by the secretary, p.w.d., lucknow, and others against the judgment dated 30.10.1996 in civil misc. writ petition no. 2379795 whereby the learned single judge had issued two directions to the appellants. one, to prepare a regularisation scheme in respect of work charged employees if not already prepared, and two to pay the petitioners (respondents 1-3 in the special appeal) salary at the same rate as other regular employees of the u.p. public works department (p.w.d) working on the same posts as the petitioners until their absorption on the said posts pursuant to a scheme for regularisation of work charged employees.2. we have heard sri abhinava upadhya, standing counsel for the appellants, and sri l. c. srivastava, learned counsel for the respondents. perused the impugned judgment and the entire material on record including the writ petition. we have also considered the written submissions furnished by the parties.3. the learned single judge had been pleaded to grant the aforesaid two reliefs relying on the law laid down by the hon'ble supreme court in civil misc. writ petition no. 140 of 1989, raj narain prasad and ors. v. state of u.p. and ors. and state of haryana v. piara singh, air 1992 sc 2130, after recording a finding that there was no dispute between the parties on the question that the petitioners were in continued employment with the p.w.d. for the past 10 to 15 years.4. both .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(3)AWC2347; (2002)1UPLBEC352
ashok bhushan, j. 1. this writ petition has been filed by the petitioner praying for a writ of certiorari quashing the impugned order dated 31.3.1997 annexure-1 to the writ petition passed by the respondent no. 3. it has further been prayed that a direction be issued in the nature of mandamus directing the respondents not to interfere in the peaceful working of the petitioner. a further mandamus has been prayed for paying salary and other benefits to the petitioner. 2. facts of the case as emerge from the pleadings of the parties are that there were certain vacancies of class iv and class iii in the district hospital. siddharth nagar. the director general. family welfare, u. p., lucknow wrote a letter dated 16.10.1995 to all chief medical officers. u. p. for making available the details pertaining to vacant posts under reserved category of scheduled castes, scheduled tribes and other backward category. the letter stated that the state government has decided to fill up the unfilled quota of reserved candidates category in which quota is not filled. letter further stated that the special drive be taken in accordance with the u. p. public services (reservation for scheduled caste, scheduled tribes and other backward class) act, 1994. the district magistrate, siddharth nagar also wrote a letter to that effect to the chief medical superintendent, district hospital, siddharth nagar. on the aforesaid basis, the then chief medical superintendent of district hospital, siddharth nagar .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(4)AWC3183; (2000)3UPLBEC2541
s.r. singh, j. 1. petitioners in the instant petition were selected for appointment to the post of assistant accountant and assistant cashierrespectively in treasury office, sant kabir nagar. the selection was held on the basis of examination conducted on 13.12.1998 for filling up the various vacancies of group 'c' posts advertised on august 18, 1998, in daily newspaper 'rashtriya sahara', it would transpire that vide government order no. 5-3-3287/10-97-93 (a)/97 dated 31.3.1998 and g.o. no. 5-3-3233/10-97/34-95 dated 30.3.1998, various posts were created for the newly established treasury in sant kabir nagar. the posts so created included four posts of assistant accountant, two posts of assistant cashier and one post of junior clerk falling in group 'c' which were advertised in august, 1998. written examination was held as stated supra on 13.12.1998. a selection committee was constituted by the district magistrate. sant kabir nagar under the chairmanship of additional district magistrate but on account of the transfer/leave of the addl. district magistrate, another selection committee came to be constituted vide order dated 25.2.1999 of the district magistrate under the chairmanship of senior treasury officer, sant kabir nagar. in the said selection committee members belonging to s.c. and o.b.c. were included. interview was held by the selection committee on 6.3.1999 and on the basis of marks obtained in the interview and the written examination, a merit list was prepared .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2239; (2000)3UPLBEC2482
a. k. yog, j.1. five persons. messrs sanjay kumar singh and 4 others (petitioner nos. 1 to 51 have filed this petition under article 226. constitution of india being aggrieved against the impugned order dated may 10, 1999. (annexure-5 to the writ petition), issued by the state government/respondent no. 1, cancelling select list/merit list containing their names--said to be prepared under--'direct recruitment of group 'c' posts (outside purview of the u. p. public service commission) rules. 1998.' (hereinafter called rules. 1998.2. briefly stated, salient facts of the case are that an advertisement was made in daily newspaper (amar ujala) dated august 10, 1998--annexure-1 to the writ petition inviting applications from eligible candidates for appearing in the proposed examination. petitioners, along with other candidates, applied against the aforesaid advertisement and appeared in the written examination held on 13th december,1998. interview was also held by a selection committee (consisted of-five members--(i) district development officer. etawah, (chairman the appointing authority), (ii) employment officer, etawah, (iii) assistant director of fisheries, etawah, (iv) block development officer, saifai, etawah and (v) the principal, gram vikas sansthan, bakevar, etawah.3. a merit-list was prepared by the selection committee which list was displayed on the notice board on 9th march. 1999 (annexure-3 to the writ petition). it was published in dainik jagran dated 12th march,1999. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(3)AWC1893
r.b. misra, j.1. heard sri triveni shanker, learned counsel for the petitioner as well as sri s.s. sharma learned standing counsel along with sri deepak sharma, learned standing counsel for the state.2. in the writ petition, a mandamus has been sought directing the respondents to prepare the list of selected candidate for the purposes of interview on the conditions prescribed in the advertisement and the rules and to take fresh interview after declaration of fresh list. further, prayer has been made seeking direction of mandamus directing the respondents to declare the result of the examination and for issuance of appointment letter and not to issue appointment letter of the candidates selected on the basis of interview held on 23.3.1999 and 24.3.1999 wherein the marks obtained by the candidates in the high school and intermediate has been considered. it appears that the state government issued a notification under the uttar pradesh procedure for direct recruitment for group 'c' posts (outside the purview of u. p. public service commission) rules, 1998 on 9th august, 1998, enclosed as (annexure-1) according to which the direct selection to the post of group 'c' was to be conducted according to the rules and the norms prescribed therein. according to the reservation policy in para 3 (kha) 30% of the marks in the minimum required qualification, i.e.. high school/ intermediate and after adding such marks in the written examination would be taken as minimum required qualification .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(2)AWC1516; [2002(95)FLR63]; (2002)3UPLBEC2499
m. katju, j.1. this writ petition has been filed challenging the impugned notification dated 26.5.1999 (annexure-18 to the writ petition) so far as it pertains to respondent nos. 3 to 9. it has also been prayed that petitioner be considered for promotion as deputy excise commissioner and to quash the notification dated 17.5.1999.2. the main submission of the learned counsel for the petitioners is that since the vacancies on the post of deputy excise commissioner had occurred before 17.5.1999, they ought to have been filled up in accordance with the 1983 rules which were applicable before 17.5.1999 when the rules were amended.3. the petitioners were appointed through the u. p. public service commission. the petitioner no. 1 was appointed as technicalofficer by means of order dated 13.8.1991 vide annexure-1 to the petition and he started functioning as such. he has been confirmed by order dated 12.5.1995 with effect from 14.10.1993 vide annexure-3 to the petition. similarly, the petitioner no. 2 was appointed as statistical officer by means of order dated 8.1.1992 vide annexure-4 to the petition and he was confirmed by order dated 6.8.1997 with effect from 28.2.1994 vide annexure-6 to the petition. the majority of officers in the excise department were initially recruited as excise inspectors and were subsequently promoted. the petitioners have alleged that there is no adverse entry against them and their work is fully satisfactory.4. the state government framed the u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC196; [2001(88)FLR138]; (2001)1UPLBEC475
a. k. yog, j. 1. betu prasad, ram swarup, rajju and smt. urmila (petitioner nos. 1, 2, 3 and 4) approached this court by filing present writ petition under article 226 of the constitution of india praying for a writ of certiorari quashing appointment letters in favour of respondent nos. 4. 5 and 6 issued by respondent no. 3, principal, state ayurvedik college and hospital attarra, district banda (annexures 6, 7 and 8 to the writ petition) alleging, inter alia, amongst others that petitioner no. 1 was engaged as daily wager in the year 1984-85, petitioner no. 2 on 1.10.1986 and petitioner no. 3 on 8th july, 1981 and smt. urmila on 1.7.1982, and they have been working continuously except few artificial breaks and were paid wages. respondent nos. 4, 5 and 6 have been appointed subsequently against temporary sanctioned posts without considering the case of the petitioners and hence feeling aggrieved, these petitioners seek regularization of the employment, payment of salary as such and quashing of the appointment orders in favour of respondent nos. 4, 5 and 6. 2. at the outset, learned counsel for the petitioner stated with reference to paragraph 6 of the counter-affidavit of respondent nos. 1, 2 and 3 that petitioner no. 3 had died and no relief is required to be given with respect to the deceased petitioner no. 3. 3. it has also been brought to the notice of the court that service of respondent nos. 4, 5 and 6 were also determined during the pendency of this petition and they .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(3)AWC1984
r.b. misra, j. 1. heard sri sudhakar pandey, learned counsel for the petitioner as well as sri s. s. sharma, learned standing counsel for the state.2. in this writ petition the petitioner has sought the direction, directing the respondents to allow the petitioner to continue in service till regular appointment takes place and to make the payment of entire salary and a further prayer has been made directing the respondent/settlement officer consolidation, mau to decide the representation. it appears that the petitioner was appointed as a daily wager in the consolidation department in the year 1994 and his services were disengaged on 12.9.1995 and the petitioner filed the writ petition no. 2658 of 1996, arvind kumar maurya v. state of u. p. and ors. this court, while disposing of the above writ petition on 23.1.1996 has been pleased to dispose of the writ petition by directing that in case the settlement officer, consolidation shall look into the grievance of the petitioner and shall dispose of his representation keeping in view of the past performance of the petitioner. it is thereafter the present writ petition was filed and this court by ex parte interim order dated 11.9.1996 has been pleased to pass an order which reads as below :'learned counsel for the petitioner submitted that the petitioner was appointed on ad hoc basis in a substantive vacancy until the regular employee joins and the petitioner is working continuously from 1st january, 1994. he has moved representation .....
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