Friday, March 24, 2023

Allahabad High Court seeks response from state government on petition challenging cancellation of promotion

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The Allahabad High Court has sought a response from the state government in six weeks on a petition challenging cancellation of promotion to the post of Junior Engineer of U.P Public Works Department.

A Single Bench of Justice Rajiv Joshi passed this order while hearing a petition filed by Amit Kumar and Another.

The writ petition under Article 226 of the Constitution of India has been filed for challenging the order dated 29.04.2022 passed by the Engineer-in-Chief (Design & Planning), U.P Public Works Department, Lucknow, whereby the promotion of the petitioners on the post of Junior Engineer has been cancelled.

Counsel for the petitioners submitted that the basis of passing the impugned order is that the petitioners obtained the diploma in Civil Engineering through Distance Education Mode from Monad University, Delhi-Hapur Road, Hapur, (U.P.), which is not recognized for distance education.

Counsel for the petitioners further submitted that both the petitioners obtained diploma in Civil Engineering for the Academic Sessions 2013- 15 and 2012-14 after due permission of the concerned Department letter dated 29.06.2013 and 08.08.2013 respectively.

Counsel for the petitioners also submitted that the said diploma is not through distance education mode, but the said diploma was obtained by the petitioners as regular through part-time with the permission of the Department.

The Court said that the matter requires consideration.

“Standing Counsel has accepted notice on behalf of respondents, prays for and is granted six weeks’ time to file counter affidavit in the matter.

Rejoinder affidavit, if any, may be filed by the counsel for petitioners within two weeks thereafter.

Until further orders of the Court, the effect and operation of the impugned order dated 29.04.2022 shall remain stayed”, the Court ordered.

The Court has fixed the next hearing of the petition on July 25, 2022.

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