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TMI Blog1992 (11) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... f Additional Transport Commissioner in Uttar Pradesh Government Services is to be filled in by promotion from among the senior most Deputy Transport Commissioners who have completed five years continuous service as such. Initially, the seniormost Deputy Transport Commissioner is appointed ad hoc and promoted to the post of Joint Secretary (Transport) which is an ex-cadre post in the Secretariat. Thereafter, he is posted as Additional Transport Commissioner. In accordance with this procedure, the appellant who was the seniormost Deputy Transport Commissioner was promoted to the post of Joint Secretary (Transport). He continued on that post till 11-9-1990. The post of Joint Secretary is a secretarial post while the post of Additional Transpor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certiorari was sought for in Civil Misc. Writ Petition No. 24720/92. 7. In Civil Misc. Writ Petition No. 32100/92, the challenge was by means of quo warranto restraining the Respondent No. 4 from functioning as Additional Transport Commissioner. According to the appellant, the respondent No. 4 was junior to him. Therefore, he could not be posted as Additional Transport Commissioner. The fact that the order of transfer of the appellant came to be passed on 8-7-1992 and on 10-7-1992, in that vacancy, the respondent No. 4 was appointed as Additional Transport Commissioner will clearly establish that the Selection Committee had no occasion to meet and consider the case of the respondent No. 4 for promotion as Additional Transport Commissioner. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 29-1-1993 returnable within four weeks, the Government of Uttar Pradesh had not chosen to file the counter-affidavit. As a matter of fact, service has been effected on all the respondents as early as on 4-2-1993 and yet not any respondent has filed counter-affidavit. When the case was taken up on 15-3-1993, the learned counsel Ms. Kamini Jaiswal appeared for the Government of Uttar Pradesh and sought time to file counter-affidavit which we had to decline as it has become the regular practice with all the Government agencies taking it for granted that the time would be given to suit their convenience. Therefore, she was directed to proceed with the case. 12. She would submit that by order dated 14-9-1988 of Government of Uttar Pradesh, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government Transport Department, Lucknow. You may please direct Mr. Pandey to take charge of the new post without delay. With regards, Yours Signed Nirmal Chandra" 14. Further, order dated July 10,1992 read as follows : "Govt. of Uttar Pradesh Department of Transport-3 No. 2522/30-3-2-42 G.E.-88 Dated July 10,1992 Appointment/ Transfer Shri Om Pal Singh Gahalaut Joint Secretary Transport Uttar Pradesh Government is hereby transferred and appointed as Additional Transport Commissioner H.qs. in the pay scale of Rs. 3700-125-4700-150-5000. Surendra Mohan Principal Secretary" 15. The post of Joint Secretary came to be created by G.O. dated 14-9-1988 on the pay scale of Rs. 1840-60-1900-75-2200-100-2400 Rs. 250/- special pay. Paragra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of transfer cannot be supported. 17. We are informed by the learned counsel for the appellant that appellant is due to retire in another few months. That being the position, we do not think that he should be transferred as Joint Secretary, more so in the absence of any public interest involved. Accordingly, we set aside the impugned judgment dated 23-11-1992 passed by the High Court and the impugned order of transfer dated 8th July, 1992. 18. Since, the appellant is more interested in his retention as Additional Transport Commissioner, we do not think we should adjudicate upon the validity of posting of the respondent No. 4 as Additional Transport Commissioner in the writ of quo warranto. Of course, it is for the Government of Uttar Prad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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