DILEEP KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) V. K. Shukla, J. Civil Misc. Writ Petition No. 18182 of 2006 has been filed by Dileep Kumar Srivastava, an employee of Allahabad District Judgeship, assailing the validity of decision dated 23-1-2006 taken by Inspecting Judge, Allahabad, determining inter se seniority of petitioner as well as Mithlesh Kumar. Civil Misc. Writ Petition No. 23578 of 2006 has been filed by Shafiq Ahmad, another employee of Allahabad District Judgeship, for issuing a writ in the nature of mandamus commanding the respondents to consider the case of petitioner for correct fixation of seniority.

(2.) BRIEF background of the case is that Shafiq Ahmad, petitioner of Civil Misc. Writ Petition No. 23578 of 2006 was appointed in the Judgeship of Allahabad as Class III employee in the year 1967. Mithlesh Kumar claims to have been appointed in the Judgeship of Mirzapur on 11-4-1974, and thereafter, he was transferred to Judgeship of Allahabad on 1-10-1984. Dileep Kumar Srivastava was appointed as clerk in the Judgeship of Mirzapur on 15-12-1975, and he was also transferred to Judgeship of Allahabad on 30-9-1984. Dileep Kumar was confirmed employee while he was posted at Mirzapur, whereas Mithlesh Kumar was confirmed at Allahabad on 1-2-1985. Shafiq Ahmad was also confirmed on 1-2-1985. A three- member committee was constituted, comprising Sri C. D. Jaiswal, Sri Umeshwar Pandey and Sri Y. S. Sengar, and the said committee prepared list of the candidates proposed to be put up in the scale given in the Government Orders dated 28-2-1985, 2-4-1985 and 31-5-1985 for the purposes of staffing pattern. In the said list name of Dileep Kumar Srivastava was shown at serial No. 49 below Raghubir Prasad and above Shafiq Ahmad. Record in question reveals that at the point of time when gradation list was to be prepared, Sadar Munsarim was asked to submit report, and the report was submitted on 1- 11-1985, wherein it was mentioned that seniority of Dileep Kumar Srivastava be fixed below Raghubir Prasad and above Shafiq Ahmad, and further it was also mentioned that the matter be referred to the committee for comments. Officer In-charge (accounts) was directed to submit comments. On 2-11-1985 Officer In-charge (Accounts) reported that, " from the letter dated 18-2-1985 in the file of Sri Deepak Srivastava it appears that such transferred official is to be placed at the bottom of the approved candidates. Sadar Munsarim to report in this light". Thereafter, report was submitted by Sadar Munsarim, but no final decision was taken. However, said gradation list at all point of time was used for the purposes of according promotions. Record in question further reveals that on 26-9-1991, Dileep Kumar Srivastava represented the matter claiming that his name be placed above Raghubir Prasad and Shafiq Ahmad. It was mentioned therein that Sadar Munsarim had submitted report in his favour and said recommendation was approved by the committee. The request made by Dileep Kumar Srivastava was considered by the then District Judge, Allahabad on 10-12-1991, and detailed order was passed and after report dated 2-11-1991 submitted by Senior Administrative Officer was accepted and the name of Dileep Kumar Srivastava was directed to be placed in the gradation list below Rama Shankar Srivastava and above Smt. Lalita Kumari, as Sri Rama Shankar Srivastava was the last approved candidate on the date of transfer of Dileep Kumar Srivastava. Aggrieved against the said order, Dileep Kumar Srivastava preferred representation, wherein detailed comments had been submitted, and on the administrative side decision on the appeal of Dileep Kumar Srivastava was taken and therein directives were issued for according placement to Dileep Kumar Srivastava in between Raghubir Prasad and Shafiq Ahmad, i. e. , below the name of Raghubir Prasad and above the name of Shafiq Ahmad. Against the said action, Shafiq Ahamd claimed that entire proceedings were ex-parte and he represented the matter. Till date no decision has been taken on his representation. As far as Mithlesh Kumar is concerned, he represented the matter and his Appeal has been allowed by the Inspecting Judge, declaring him to be senior. At this juncture present Civil Misc. Writ Petition No. 18182 of 2006 has been filed by Sri Dileep Kumar Srivastava, and Civil Misc. Writ Petition No. 23578 of 2006 by Sri Shafiq Ahmad, for giving direction to decide his matter.

(3.) SRI W. H. Khan and SRI Krishna Ji Khare, Advocates, appearing for Dileep Kumar SRIvastava, contended with vehemence that in the present case seniority stood determined in the year 1985, which held the field for substantially long period, and the Inspecting Judge has clearly erred in setting aside and disturbing the aforementioned seniority and in this background, the view which has been taken by means of the impugned order is against the record and coupled with this the Rules, which have been made applicable, are not at all applicable and attracted, as such impugned decision is liable to be quashed.