- (1.) Through the instant writ petition under Article 226 of the Constitution of India, the petitioner-U.P. State Bridge Corporation Ltd., a Government company incorporated under the provisions contained in Section 617 of the Companies Act, has assailed the order dated 18.4.2011, passed by the Chairman, State Minorities Commission, U.P., Lucknow [hereinafter referred to as the "Commission"], contained in Annexure 1 to the writ petition, whereby the Commission has issued a direction to the petitioner to promote the opposite party No. 2-Sri Rafi Ullaha Khan on the post of Assistant Engineer w.e.f. May, 1987 and to determine his seniority accordingly. Counsel for the petitioner has submitted that being aggrieved by the fixation of his seniority, the opposite party No. 2 approached the State Public Services Tribunal, Lucknow by filing Claim Petition No. 1158 of 2008. During the pendency of the said claim petition before the Tribunal, the opposite party No. 2 had also preferred a complaint dated 7.10.2008, to which the Commission issued a notice to the petitioner. In response to the said notice, the petitioner submitted his reply dated 16.1.2009. In the meantime, on the statement made on behalf of opposite party No. 2 that his seniority has been fixed at proper place in the final seniority list, the claim petition was dismissed as not pressed on 23.4.2009. Subsequently, the Commission has passed the impugned order dated 18.4.2011.
(2.) Counsel for the petitioner submits that the Commission is not empowered to adjudicate upon service matters and pass orders directing the employer to act in accordance with the same insofar as the functions of the Commission under the U.P. Commission for Minorities Act, 1994 [hereinafter referred to as the "Act, 1994"], are only recommendary in nature and are restricted to the matter specified in sub-Section (1) of Section 9 of the Act, 1994.
(3.) Per contra, Counsel for the respondents submits that as per Section 9 of the Act, 1994, any grievance relating to the persons belonging to the minorities can be raised before the Commission and the Commission will hear the matter on its facts and in case it finds the grievance of the incumbent genuine, it may be made a recommendation to the Government for redressal of the grievance of the incumbent. Accordingly, after hearing the parties including the petitioner, by the impugned order, the Commission has recommended for promotion of the opposite party No. 2 on the post of Assistant Engineer with effect from May, 1987 and further it was also recommended to fix the seniority accordingly. Therefore, the contention of the petitioner that the Commission has issued direction to the petitioner to promote the petitioner and further fix the seniority, is totally wrong and incorrect.;