Akhilendra Pratap Singh v. State of U.P. Thru. Prin. Secy. Public Works Deptt. U.P. Civil Sectt. Lko. and 3 Others

Court No. - 20 Case :- WRIT - A No. - 6780 of 2023 Petitioner :- Akhilendra Pratap Singh Respondent :- State Of U.P. Thru. Prin. Secy. Public Works Deptt. U.P. Civil Sectt. Lko. And 3 Others Counsel for Petitioner :- S M Singh Royekwar,Sumeet Tahilramani Counsel for Respondent :- C.S.C.,Anuj Singh,Neel Kamal Mishra Hon'ble Manish Mathur,J.

¶1Rejoinder affidavit filed today in Court is taken on record.

¶2Heard Mr. S M Singh Royekwar, learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties no.1 and 2 and Mr. Upendra Nath Mishra, learned Senior Counsel assisted by Mr. Neel Kamal Mishra, learned counsel appearing for opposite party no.4.

¶3In view of order being proposed to be passed, notices to opposite party no.3 stand dispensed with.

¶4Petition has been filed challenging order dated 30.08.2023 whereby petitioner has been directed to discharge his duties as Chief Engineer with opposite party no.2 i.e. the U.P. State Highways Authority on transfer by deputation.

¶5Learned counsel for petitioner has submitted that petitioner has less than two years to superannuate and is therefore covered in terms of paragraph 5(vi) of the Government Order dated

07.06.2023 whereby an option was required to be taken from him prior to transferring him from his earlier place of posting.

¶6For the said grievance, petitioner submits that he may be granted liberty to file a representation before authority concerned which may be decided in terms of the aforesaid provisions.

¶7Learned counsel for opposite parties do not have any objection with regard to aforesaid submission.

¶8Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case petitioner is granted liberty to file a fresh representation before opposite party No.1 i.e. Principal Secretary, Public Works Department, Government of U.P Civil Secretariat, Lucknow within the period of three days seeking benefit of paragraph 5

(vi) of the Government Order dated 07.06.2023. In case such a representation is filed within the aforesaid period, the same shall be considered and decided in view of aforesaid paragraph 5 of the Government Order dated 07.06.2023 within a period of ten days from the date a certified copy of this order is produced before the said authority.

9.Till decision on petitioner's representation, he shall not be compelled to join at the place of posting.

¶10With the aforesaid observation, petition stands disposed of. Order Date :- 12.10.2023 Subodh/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench