STATE OF U.P Vs. NARENDRA SINGH

JUDGEMENT

(1.) THIS bunch of writ petitions have been filed on behalf of the State of U.P. for quashing of the judgement & order, passed by the learned U. P. Public Services Tribunal, Lucknow in different claim petitions. Since, the common question of law is involved in these writ petitions, accordingly they are being heard and decided by means of a common judgment.

(2.) WRIT Petition No. 134 (S/B) of 2002, State of U.P. and another Vs. Narendra Singh will be leading case in this judgment. Brief facts of the case are that during the different years the private respondents were awarded adverse entries against which they preferred representations which were decided by the authorities concerned beyond the time prescribed in the Rules. The private respondents against the said adverse entries preferred various claim petitions before the State Public Services Tribunal, Lucknow and challenged the adverse entries on the ground that the representations were decided beyond the time, prescribed in the U.P. Government Servants (disposal of representation against the adverse annual confidential reports and allied matters) Rules- 1995 (here-in-after referred to as Rules, 1995) and prayed for quashment of the said adverse entries. The learned Tribunal allowed claim petitions basically on the ground of delayed disposal of the representations. The learned Tribunal also observed that the representations have also been decided by means of a nonspeaking orders, which is also violation of the Rules 1995 and held that the claim petitioners are entitled to get the benefit of Rule 5 of the Rules, 1995. The learned Tribunal further directed that the impugned adverse entry shall not be treated adverse against the claimants (herein private respondents) for the purposes of promotion, crossing of efficiency bar and other service matters. Being aggrieved with the said judgment and orders, passed by the learned Tribunal, the petitioner, State of U. P. has approached this Court.

(3.) IT is further submitted that in order to bring clarity in matters of communication of adverse entries and for disposal of representation expeditiously, so that the government servant may not get deprived of service benefits because of non-disposal of representation, in the year 1995, the State Government in exercise of powers conferred under the proviso to Article 309 of the Constitution of India, framed Rules known as "Uttar Pradesh Government Servants (Disposal of Representation against Annual Confidential Reports and allied Matters) Rules, 1995. The Rules, 1995 have overriding effect over all existing Rules and orders on the subject relating to disposal of representation against Annual Confidential Reports. Rule 4 of Rules, 1995 reads as under: