Court Finds State's Action Violates Article 14; Directs Reconsideration of Petitioners' Claims for Promotion
In a landmark decision, the Allahabad High Court (Lucknow Bench) has quashed the order denying promotion to Telephone Operators in the Uttar Pradesh Board of Revenue to the post of Lower Division Assistant (LDA). The judgment, delivered by Justice Irshad Ali, found the denial to be discriminatory and in violation of Article 14 of the Constitution of India, which guarantees equality before the law.
The case, titled Smt. Kavita Chaturvedi v. State of U.P., revolved around the denial of promotion to the petitioners, Smt. Kavita Chaturvedi and another, despite the availability of vacant posts and previous promotions of similarly situated employees. The petitioners challenged an order dated December 20, 2000, which rejected their claims for promotion, arguing that this denial was arbitrary and lacked a rational basis.
The court noted that the U.P. Board of Revenue Ministerial Service Rules, 1983, did not include provisions for the post of Telephone Operators as these positions were created later in 1986. To address the gap, the State Government issued a Government Order on September 6, 1988, allowing the promotion of Telephone Operators to the post of LDA in the absence of recruitment by the Public Service Commission. This order had been previously implemented, resulting in the promotion of three Telephone Operators.
The court held that the denial of similar benefits to the petitioners, who were in identical positions, constituted hostile discrimination. The State's argument that there was no provision in the statutory rules for such promotion was deemed untenable, as the Government Order was designed to bridge this gap and had been acted upon in the past.
The court emphasized the legal principle that the State cannot approbate and reprobate, meaning it cannot apply a policy selectively. Consequently, the court quashed the impugned order and issued a writ of mandamus directing the respondents to reconsider the petitioners' promotion claims within six months. If found eligible, the petitioners are to receive all consequential benefits, including notional seniority and arrears.
This judgment underscores the judiciary's role in ensuring fairness and equality in administrative actions, reaffirming that government policies should be applied consistently and without discrimination.
Bottom Line:
Denial of promotion to Telephone Operators on the post of Lower Division Assistant, despite prior promotions of similarly situated employees under the same Government Order, amounts to hostile discrimination and violates Article 14 of the Constitution.
Statutory provision(s): Article 14 of the Constitution of India, U.P. Board of Revenue Ministerial Service Rules, 1983, Government Order dated 06.09.1988
Smt. Kavita Chaturvedi v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2882264
