- (1.) RAM Singh, an ex -employee of this Court has approached this Court for following reliefs: - 1. Issue a writ, order or direction in the nature of Certiorari to quash the sealed cover procedure adopted by the Registry, High Court Allahabad communicated vide letter No.607 Accounts (A -1): Allahabad dated 21.04.2011 by Sri Anoop Kumar Srivastava, Deputy Registrar (Establishment) High Court Allahabad under the orders of Registrar General dated 21.04.2011 in the name of Hon'ble Promotion Committee and Hon'ble the Chief Justice to keep pending the Representations dated 01.01.2011, 15.12.2010, 18.11.2010, 02.11.2010, 27.09.2010, 25.08.2010 and 03.06.2010 in the matter of promotion to the post of higher post of Assistant Registrar/Deputy Registrar/Joint Registrar and Registrar of the petitioner in the Administration of this Hon'ble High Court Allahabad/Lucknow Bench Lucknow. 2. Issue a writ/order/direction in the nature of Mandamus commanding the opposite parties No.2,3 and 4 for promotion of the petitioner to the higher post of Registrar/Joint Registrar/Deputy Registrar/Assistant Registrar with all the consequential benefits from June 1992 and to place the petitioner in the Gradation List above the junior employee namely Sri Safdar Ali Siddiqui, Joint Registrar High Court Allahabad/Lucknow Bench, Lucknow as humbly prayed in aforesaid Representation dated 14.03.2011 and Representations dated 01.01.2011, 15.12.2010, 18.11.2010, 02.11.2010, 27.09.2010, 25.08.2010 and 03.06.2010 are still pending in sealed cover procedure without any reasonable ground. 3. Issue a writ, order or direction in the nature of Certiorari to quash order dated 11.05.2012 passed by Hon'ble the Chief Justice communicated by Sri Sushil Kumar, Joint Registrar (Establishment) High Court Allahabad had communicated vide Office Order No.1946/Accounts (A -1): Dated: Allahabad: May 16,2012, regarding punishment: Allahabad: May 16, 2012, regarding punishment: "Under the orders of Hon'ble the Chief Justice dated 11.05.2012, Sri Ram Singh (Emp. No.2610), Section Officer, High Court Lucknow Bench, Lucknow is hereby punished by way of withholding two increments with cumulative effect in the departmental enquiry No.05/2010 and it be recorded in his service records" as reported in para 78 ANNEXURE No.26 to the writ petition. 4. To pass the appropriate orders in the matter of promotion of the petitioner to the higher post of Registrar/Joint Registrar/Deputy Registrar/Assistant Registrar with all the consequential benefits from June 1992 as the petitioner suffered a lot of great harm, injury, mental agony, continued injustices and irreparable loss. 5. To pass the orders/direction for granting Non -Functional Pay Scale already granted to the Section Officers including the junior employees vide Notification No.19 dated : Allahabad: February 28, 2011, granted Non -Functional Pay Scale of Rs.15600 -39100 in Pay Band -3 with Grade Pay Rs.5400 in view of the Government Order No.1745/VII -Nyay -I -09 -56/2007 dated 05.05.2010 granted to the Section Officers under the orders of Hon'ble the Chief Justice and learned Registrar General, High Court Allahabad. 6. Issue any other writ, order or direction as the Hon'ble Court may deem fit, just and proper in the circumstances and facts of the case in favour of the petitioner. 7. Cost of the writ may also be awarded to the petitioner.
(2.) PETITIONER claims that he joined the establishment of High Court of Allahabad as Routine Grade Assistant on 16th January, 1981 pursuant to his selection based on examination conducted in the year 1979 by the Registry of High Court Allahabad.
(3.) PETITIONER has stated that he has been performing and discharging his duties to the best of his capability and ability. Petitioner has stated that in the Cadre of designation of Upper Division Assistant, he has been shown as Upper Division Assistant and his grievance is that Gradation List dated 10.09.1996 has prepared wherein as far as his name is concerned, his name figured at Serial No.322 with Cadre Designation of Upper Division Assistant and in the same list dated 10.09.1966 in the Cadre/Designation of Lower Division Assistants name of Shri Chandra Prakash Bharti (E. No.2627) was mentioned at S.No.69 and name of Shri Safdar Ali Siddiui (E. No.3174) was mentioned at S. No.139. Petitioner further submits that in spite of the fact that these two incumbents were admittedly junior to petitioner, out of turn promotion has been accorded to them in purported exercise of authority conferred under Rule 16(g) of High Court Allahabad Staff and Officers (Service Conditions and Conduct) Rules, 1976. Petitioner submits that both Chandra Prakash Bharti and Safdar Ali Siddiqui were junior employees and High Court Administration had given them undue benefit of out of turn promotion under Rule 16(g) by placing them on the higher pay scale and as far as he is concerned, as he was having legitimate feeling that in calculated and designed manner both these incumbents have been accommodated, as such, he in his turn has been representing the matter in the said direction for redressal of his grievance. Petitioner has stated that making of such representation led to incurring of wrath of incumbents placed in the establishment and same led to initiation of disciplinary proceedings as against him and inquiry had been initiated against the petitioner being departmental inquiry No.5 of 2010 and in the said inquiry in question, petitioner has been issued charge -sheet dated 1st April 2010 and petitioner claims that he submitted his reply dated 14th May, 2010 but same was not taken for consideration and then ex -parte inquiry report was submitted on 17th May, 2010.;