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2025 DAILYLAW 123681 (ALL)

SHOBHARAM VERMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. PANCHAYATI RAJ GOVT. OF U.P. LKO.

WRIA/1891/2025 · 2025-02-14

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9649 Court No. - 5 Case :- WRIT - A No. - 1891 of 2025 Petitioner :- Shobharam Verma Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Panchayati Raj Govt. Of U.P. Lko. Counsel for Petitioner :- Prateek Pal Singh,Aviral Singh Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. Heard Shri I. P. Singh, learned Senior Advocate, assisted by Shri Prateek Pal Singh, learned counsel for the petitioner and Dr Uday Veer Singh, learned Additional Chief Standing Counsel for the respondents. With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided. The contention of learned counsel for the petitioner is that despite the petitioner having been transferred and posted as Junior Engineer from Zila Panchayat, Mirzapur to Zila Panchayat, Kaushambi vide order dated 16.10.2024 yet despite earlier the petitioner having given officiating charge of Engineer while being posted at Mirzapur the additional charge has been given to various junior persons as specified in paragraph 7 in various other Zila Panchayat. The contention is that it is settled position of law that even in the case of giving officiating charge of higher post, the same should be given on the basis of seniority of the person concerned and there cannot be any occasion for the juniors to be given the charge of higher post and the petitioner being continued on a lower post. It is also contended that 16 posts of Engineer are lying vacant on which posts the petitioner can easily be given officiating charge. After arguing the matter at some length, learned counsel for the petitioner submits that with regard to the reliefs sought in the writ petition, the petitioner may be permitted to submit a fresh representation before the respondent no.1 i.e. Additional Chief Secretary, Department of Panchayati Raj, Government of Uttar Pradesh, Lucknow which may be directed to be decided within a time frame fixed by this Court to which learned Counsel for the respondent has no objection. In view of the above, it is provided that in case the petitioner submits a representation within two weeks from today before respondent then respondent shall endevour to decide the same by means of a reasoned and speaking order in accordance with law and the relevant rules within a further period of six weeks from the date of submission of representation along with certified copy of this order. With the aforesaid direction, writ petition is disposed of. It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner. Order Date :- 14.2.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench