ASHOK KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Gaurav Mehrotra, learned Senior Counsel assisted by Mr. Abhineet Jaiswal, learned counsel for petitioner and Mr. Sudeep Kumar, learned Additional Advocate General, assisted by Mr. Shailendra Singh, learned Chief Standing Counsel for opposite party Nos.1, 2 & 3, while power on behalf of opposite party No.4 has been filed by Mr. Apoorva Tewari & Mr. Shobhit Mohan Shukla, Advocates which is taken on record.

(2.) Petition has been filed challenging order dtd. 4/11/2025 whereby officiating charge for the post of Chief Town and Country Planner (CTCP) has been provided to opposite party No.4. Further prayers for a direction to opposite parties to consider petitioner for officiating on the post of Chief Town and Country Planner (CTCP) strictly on the basis of merit as also on basis of seniority and to constitute Departmental Promotion Committee (DPC) have been sought.

(3.) Learned counsel for petitioner submits that the aforesaid post is governed by The Uttar Pradesh Town and Country Planning Service Rules, 1987 [here-in-after referred to as 'Rules, 1987']. He has drawn attention to Rule - 5 of the aforesaid Rules pertaining to recruitment and source of recruitment. It is submitted that the aforesaid post of Chief Town and Country Planner (CTCP) is required to be filled by promotion from amongst Senior Planners who have put in atleast 5 years of service as such. It is submitted that at present, there is no substantive appointment on the post of Senior Planner and therefore recruitment on the said post is required to be made from the post of Town Planner/Associate Planner, Senior Architect, Architect Planer or Executive Engineer. It is submitted that petitioner is currently substantively employed on the post of Executive Engineer whereas opposite party No.4 is currently employed on the post of Architect Planner on substantive basis. He has also drawn attention to Appendix 'B' of the aforesaid Rules indicating academic qualifications and experience. It is submitted that for the post of Senior Planner, a Degree or Post-graduate Diploma in Town and Country Planning from a recognized Institution alongwith Corporate Membership of atleast one of the institutions indicated therein is a part of essential qualification required.