Seniority is the criteria for officiating charge of D.P.R.O. not merit or resorting to transfers.

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HIGH COURT OF JUDICATURE AT ALLAHABAD 
?Court
No. – 10 
Case
:- WRIT – A No. – 56189 of 2015 
Petitioner
:- Asht Prakash Tripathi 
Respondent
:- State Of U.P. And 5 Others 
Counsel
for Petitioner :- Jitendra Kumar 
Counsel
for Respondent :- C.S.C. 
Hon’ble
Arun Tandon,J. 
Hon’ble
Ashwani Kumar Mishra,J. 
Heard
learned counsel for the parties. 
From
the records of the present writ petition we find that a writ petition has
already been filed before this Court, being Writ Petition No. 22751 of 2015,
practically for the same relief i.e. the senior most Assistant Development
Officer (Panchayat) must be given officiating charge of the post of District
Panchayat Raj Officer (DPRO). 
It is the case of the petitioner that while effecting the transfer
of respondent no. 5 Bomb Bahadur Singh and of respondent no. 6 a situation has
been created whereby a person senior to the petitioner has been appointed in
the district where the petitioner is was working, while respondent no. 6, who
is junior to the petitioner, has been transferred to another district so that
he hold charge of District Panchayat Raj Officer.
 
The
issue with regard to the officiating charge of District Panchayat Raj Officer
being given in order of seniority from amongst the persons working as Assistant
Development Officer (Panchayat) has been settled under the judgment and order
of this Court in the cases of Anil Kumar Srivastava vs. State of U.P. and
others (Writ Petition (Writ-A) No. 38566 of 2013, and Balesh Dhar Dwivedi and
others vs. State of U.P. and others (Writ Petition (Writ-A) No. 69671 of
2013). 
We
further find that the State Government has already issued a circular in that
regard, but it appears that the circular is not being given effect to in letter
and spirit. 
Therefore, without interfering with the placement of Bomb Bahadur
Singh (respondent no. 5), we require the respondent no. 1 to ensure that the
charge of officiating DPRO is handed over to the persons working in the cadre
of Assistant Development Officer in accordance with their seniority.
There should not be a complaint to this
Court that any senior has been bye-passed and junior has been given officiating
charge of DPRO by resorting to transfers.
 
With
aforesaid observation/direction the present writ petition is disposed of. 
Order
Date :- 1.10.2015 
Pkb/ 

2 comments on Seniority is the criteria for officiating charge of D.P.R.O. not merit or resorting to transfers.

  1. Whether seniority inculcate merit in an individual if not so why seniority overtake merit and criteria to provide officiating charge of D.P.R.O. is seniority which requires adminstrative and management skills. Whether the merit in this country has not been overshadowed by seniority and corruption.In order to curb irregurities, we can't promote those practices itself adverse to development of this country by promoting depression among the merotorious people.Merit means not degree as degrees has no credibility when mass copy is quite rampant in our society. Whether Soordas and Kabeer Das were degree holders who did a lot of for our society and we are greatful to such people.

  2. There should not be a complaint to this Court that any senior has been bye-passed and junior has been given officiating charge of DPRO by resorting to transfers.Which means seniority means merit. But actual thing is senior may be experienced but not meritorious because memory gradually becomes weak.

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