MALA KUMARI Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri Sudhir Pandey assisted by Sri Rajendra Pandey, Advocate for the petitioner and the learned Standing Counsel for the opposite parties.

(2.) By means of present writ petition, the petitioner is seeking a writ of mandamus commanding the opposite parties to give all consequential service benefits like promotion with effect from the date of her juniors have been given promotion, by opening the sealed cover containing recommendations of Departmental Promotion Committee for the post of Senior Supply Inspector, in the light of Government Order dated 28.5.1997, contained in Annexure-9 to the writ petition.

(3.) The brief facts of the case as culled out from the pleadings of the writ petition are as under: The petitioner was appointed as Supply Inspector on 11.5.2001 on the basis of recommendation of Public Service Commission, U.P., Allahabad and submitted her first joining in the office of District Supply Officer, Mirzapur. The petitioner was transferred from Mirzapur to Lucknow and functioned in the office of District Supply Office Lucknow till 6.9.2003. The petitioner was posted at various places as Supply Inspector under Area Rationing Officer and the District Supply Officer, Lucknow and lastly she was posted at Bakshi-ka-Talab, Lucknow. The petitioner was placed under suspension by the Commissioner, Food & Civil Supplies, U.P. Jawahar Bhawan, Lucknow vide order dated 29.4.2009 in contemplation of departmental enquiry relating to petitioner's posting as Supply Inspector, Hazaratganj, Lucknow w.e.f. 17.12.2005 to 29.6.2007 and the Deputy Commissioner (Food), Lucknow Region, Lucknow was appointed as Enquiry Officer. The validity of the suspension order was challenged by the petitioner by means of Writ Petition No. 2809 (S/S) of 2009; Km. Mala v. State of U.P. and others. This Court by means of order dated 19/5/2009 stayed the implementation and operation of the suspension order dated 29/4/2009 with the observation that enquiry may proceed in accordance with law. In compliance of interim order dated 19.5.2009 the petitioner was reinstated in service but till date no charge-sheet has been served on the petitioner.