The Allahabad High Court has quashed the order of the Director of the Mandi Parishad, posting the petitioner as an Mandi Inspector instead of a Mandi Supervisor in Mirzapur Mandi Parishad.
A single-judge bench of Justice Ajit Kumar passed this order while hearing a petition filed by Dheerendra Kumar Gupta.
By means of the petition under Article 226 of the Constitution, the petitioner has prayed for quashing of the order dated January 1, 2022 by the respondent namely the Director, Mandi Parishad, Uttar Pradesh, Lucknow.
The argument advanced by counsel for the petitioner is that once the Additional Director (Administration), Mandi Parishad, Lucknow had called for resolution of Mandi Samiti for giving compassionate appointment to the petitioner on the post of Mandi Supervisor (Class-II) and the Mandi Samiti concerned having passed the resolution dated March 22, 2016 and the Deputy Director (Administration) having also concurred to such a resolution, there was no occasion for the respondent concerned to have offered appointment to the petitioner on the post of Mandi Inspector which is a lower grade post.
He next submitted that he had to join services under protest as it was an offer of appointment on compassionate ground, but he made a representation to the authority concerned which stood disposed of order signed on December 31, 2021/ January 1, 2022 without assigning any specific reason for not offering appointment of the petitioner as per the resolution of Mandi Samiti and the recommendation thereof by the Deputy Director (Administration).
Under the above facts and circumstances, he submitted that the matter can be remitted to the authority concerned for reconsideration in the light of resolution of the Mandi Samiti and the recommendation earlier made by Deputy Director (Administration) as was sought for by the Additional Director himself.
On a pointed query being made as to what are the reasons specific to take a decision by the Additional Director (Administration) contrary to the resolution passed by the Mandi Samiti, counsel appearing for respondent Mandi Samiti Rajesh Kumar could not offer any satisfactory explanation.
However, he submitted at the same time that the matter can be remitted to the authority concerned for decision afresh.
“In view of the above, the order dated January 01, 2022 signed on December 31, 2021 passed by the Director Rajya Krishi Mandi Parishad, UP is hereby quashed. The matter is remitted to the Director to take decision afresh with due consideration to the resolution passed by the Mandi Samiti and the earlier letters of Additional Director (Administration) and also the recommendation made by the Deputy Director (Administration), however, strictly in accordance with law. The appropriate decision shall be taken within a period of two months from the date of production of certified copy of the order,” the Court ordered.