Case: THE STATE OF UTTAR PRADESH Vs. SUDARSHANA CHATTERJEE

by contending that the respondent has abandoned the service of the appellants. The learned counsel further submitted that in CIMS, Regular Pension Scheme ceased to operate from 2004 and any employee who joined the service after 01.01.2004 was not entitled for Old Pension Scheme. It was submitted that since the respondent had the leave to her credit and it is not a case of ?absence? or ?overstay?, the High Court rightly directed the appellants to sanction and pay all the retiral benefits and the impugned orders do not warrant interference. 15. We have heard learned counsel for both the parties and considered the contentions and perused the impugned judgment and materials on record. 16. The High Court, with due respect, in our view, did not keep in view that even though the respondent?s leave application dated 30.04.2004 was pending consideration, the respondent on her own went and joined CIMS on 15.06.2004 and this has been suppressed by the respondent. It is also pertinent to note that after joining CIMS and working in CIMS, the respondent made another application for grant of one month earned leave on 23.07.2004 by citing the reason ?personal work?. This application came to be sanctioned vide order dated 07.08.2004 by granting the respondent earned leave from 23.07.2004 to 22.08.2004. In this manner, the respondent remained in the service of two State Governments i.e. State of UP and State of Chhattisgarh-CIMS and she is alleged to have drawn salary from both the State Governments for the period from June, 2004 to October, 2004. The High Court, in our view, did not keep in view the conduct of the respondent. The High Court appears to have proceeded merely on the ground that no orders came to be passed on the leave applications filed by the respondent. 17. Be that as it may, in Writ A. No.65084 of 2015, though the High Court directed the State Government to pass fresh orders in accordance with law, while directing the State Government to pass fresh orders in accordance with law, the High Court, in our view, was not right in putting restrictions upon the appellants by saying that the fresh orders will have to be passed in the light of the observations made by the High Court. In such view of the matter, we are of the view that the order passed by the High Court dated 24.08.2018 cannot be sustained and is liable to be set aside. 18. While disposing Writ A. No.65084 of 2015, the High Court directed the Principal Secretary (Medical Education and Training Department), Government of U.P. to examine the case of the respondent and pass fresh orders in accordance with law. Accordingly, the Principal Secretary has passed the order on 04.01.2019 whereby the claim of the respondent was considered afresh and the same was rejected by passing a speaking order. The respondent filed Writ-A No.3884 of 2019 challenging the order dated 04.01.2019. While entertaining the said writ petition of the respondent, vide the impugned order dated 15.03.2019, the High Court observed that the order dated 04.01.2019 could not have been passed since the order dated 01.04.2015 was already quashed by the High Court by finding that the respondent is entitled to pension and further for adjustment of the period of her absence from the Motilal Nehru Medical College, Allahabad till the time of her joining CIMS against such leave as may be available to her account and for voluntary retirement. The High Court has observed that in the light of its earlier order dated 24.08.2018, the order dated 04.01.2019 could not have been passed and directed the Principal Secretary (Medical Education and Training Department), Government of U.P. to appear before the court and explain. 19. The High Court, in our view, was not right in directing the Principal Secretary to appear in the court and explain the reason for passing the order dated 04.01.2019. Observing that merely because an order has been passed by the officer, it does not warrant the personal presence of the officer in the Court and summoning of officers to the Court and eventually affect the public at large, in Shri N.K. Janu, Deputy Director Social Forestary Division, Agra and Others v. Lakshmi Chandra 2019 (6) SCALE 236 , the Supreme Court held as under:-?22. Having said so, we find that the High Court was not justified in passing orders from time to time to secure presence of the officers. The officers of the State discharge public functions and duties. The orders are generally presumed to be passed in good faith unless proved otherwise. The officers pass orders as a custodian of public money. Therefore, merely because an order has been passed, it does not warrant their personal presence. The summoning of officers to the court to attend proceedings, impinges upon the functioning of the officers and eventually it is the public at large who suffer on account of their absence from the duties assigned to them. The practice of summoning officers to court is not proper and does not serve the purpose of administration of justice in view of the separation of powers of the Executive and the Judiciary. If an order is not legal, the Courts have ample jurisdiction to set aside such order and to issue such directions as may be warranted in the facts of the case.?The above observation squarely applies to the case in hand. When Writ-A No.65084 of 2015 was disposed of directing the Principal Secretary to pass orders in accordance with law, the Principal Secretary considered the matter afresh and passed the speaking order dated 04.01.2019. Merely because the Principal Secretary has passed the said order, the High Court, in our view, was not right in directing the presence of Principal Secretary in the Court and explain as to the reasons in passing the said order dated 04.01.2019. The impugned order dated 15.03.2019 passed in Writ A. No.3884 of 2019 is set aside and the appeal arising out of SLP(C) No.10542 of 2019 is allowed.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]16. The High Court, with due respect, in our view, did not keep in view that even though the respondent?s leave application dated 30.04.2004 was pending consideration, the respondent on her own went and joined CIMS on 15.06.2004 and this has been suppressed by the respondent. It is also pertinent to note that after joining CIMS and working in CIMS, the respondent made another application for grant of one month earned leave on 23.07.2004 by citing the reason ?personal work?. This application came to be sanctioned vide order dated 07.08.2004 by granting the respondent earned leave from 23.07.2004 to 22.08.2004. In this manner, the respondent remained in the service of two State Governments i.e. State of UP and State of Chhattisgarh-CIMS and she is alleged to have drawn salary from both the State Governments for the period from June, 2004 to October, 2004. The High Court, in our view, did not keep in view the conduct of the respondent. The High Court appears to have proceeded merely on the ground that no orders came to be passed on the leave applications filed by the respondent.Be that as it may, in Writ A. No.65084 of 2015, though the High Court directed the State Government to pass fresh orders in accordance with law, while directing the State Government to pass fresh orders in accordance with law, the High Court, in our view, was not right in putting restrictions upon the appellants by saying that the fresh orders will have to be passed in the light of the observations made by the High Court. In such view of the matter, we are of the view that the order passed by the High Court dated 24.08.2018 cannot be sustained and is liable to be set aside.The High Court, in our view, was not right in directing the Principal Secretary to appear in the court and explain the reason for passing the order dated 04.01.2019. Observing that merely because an order has been passed by the officer, it does not warrant the personal presence of the officer in the Court and summoning of officers to the Court and eventually affect the public atShri N.K. Janu, Deputy Director Social Forestary Division, Agra and Others v. Lakshmi Chandra 2019 (6) SCALE 236  , the Supreme Court held asHaving said so, we find that the High Court was not justified in passing orders from time to time to secure presence of the officers. The officers of the State discharge public functions and duties. The orders are generally presumed to be passed in good faith unless proved otherwise. The officers pass orders as a custodian of public money. Therefore, merely because an order has been passed, it does not warrant their personal presence. The summoning of officers to the court to attend proceedings, impinges upon the functioning of the officers and eventually it is the public at large who suffer on account of their absence from the duties assigned to them. The practice of summoning officers to court is not proper and does not serve the purpose of administration of justice in view of the separation of powers of the Executive and the Judiciary. If an order is not legal, the Courts have ample jurisdiction to set aside such order and to issue such directions as may be warranted in the facts of theabove observation squarely applies to the case in hand. When Writ-A No.65084 of 2015 was disposed of directing the Principal Secretary to pass orders in accordance with law, the Principal Secretary considered the matter afresh and passed the speaking order dated 04.01.2019. Merely because the Principal Secretary has passed the said order, the High Court, in our view, was not right in directing the presence of Principal Secretary in the Court and explain as to the reasons in passing the said order dated 04.01.2019. The impugned order dated 15.03.2019 passed in Writ A. No.3884 of 2019 is set aside and the appeal arising out of SLP(C) No.10542 of 2019 is allowed.