SURENDRA SINGH NEGI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Standing Counsel.

(2.) By means of the present writ petition, the petitioner has challenged the order dated 106.2014 passed by the State Government by means of which the petitioner has been reverted to the post of Personal Assistant and the Government has decided to fill up the post from Dy. Superintendent of Police from police department on the post of Junior Staff Officer in Civil Defence. The aforesaid decision was taken in view of the judgment of this Court dated 24.09.2013 wherein the claim of the petitioner to continue on the promoted post of Junior Staff Officer was recognized subject to condition that the petitioner will continue on the post of Junior Staff Officer till the regularly selected candidate joins on the post in question. The Court has placed a rider that the petitioner will have no claim on account of his officiation on the post of Junior Staff Officer unless he comes in the field of eligibility and given regular promotion. The Court has found that the matter regarding the source of recruitment on the post of Junior Staff Officer was pending before the State Government for consideration, Thereafter, the State Government has directed to take final decision in the said matter by 31.12013. In pursuance thereof, the State Government took a decision and the posting of the petitioner was also circumvented by the fact that the necessary amendment in the rule was also directed to be incorporated. The necessary rule has not been amended till now. The draft rule was forwarded to the State Government for approval.

(3.) The Home Department has raised an objection in regard to incorporation of the post of Junior Staff Officer and a decision has been taken to fill the post through Dy. Superintendent of Police. The aforesaid order was challenged before this Court and this Court passed an interim order dated 09.07.2014. The interim order passed by this Court also goes to indicate that the respondents will take steps to fill up the vacancy in pursuance of the order dated 24.9.2013 followed by the order dated 12.2014 and the petitioner shall be allowed to continue in terms of earlier judgment of this Court.