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HIGH COURT OF JUDICATURE AT ALLAHABAD AFR (Judgment reserved on 15.12.2017) (Judgment delivered on 31.08.2018) Court No. - 35 Case :- WRIT - A No. - 53263 of 2015 Petitioner :- Ram Dulari Respondent :- State Of U.P. & 5 Others Counsel for Petitioner :- Yogesh Agarwal Counsel for Respondent :- C.S.C.,S.M. Shukla Hon'ble Surya Prakash Kesarwani,J.
1. Heard Sri Yogesh Agarwal, learned counsel for the petitioner and Sri Ajit Kumar Singh, learned Additional Advocate General assisted by Sri I.S. Tomar, learned Additional Chief Standing Counsel for the State respondents.
2. This is the fourth round of litigation by the petitioner to get pension which was part of service conditions of her husband, namely Sri Nigam Singh who was working as clerk in Sunder Mundar Jaiswal Nagar Palika Inter College, Mirzapur. He retired on 30.09.1999 and died on 28.03.2010.
3. It appears that a Government Order No.5310/iUnzg-8-3004(2)/1974 dated 31.03.1978 was issued by the State Government and in consequence thereof, the D.I.O.S. Mirzapur vide letter No. ys[kk /15940-16019/1979-80, dated 24.01.1980, required teaching and non-teaching staff of educational institutions being run by Local Bodies to fill-up option form for provident fund and pension. Another Government Order No.4376/15-8-90/3003/(78)/90, dated 06.10.1990 was issued providing for fill up option by teaching and non-teaching staff of Educational Institutions regarding provident fund and pension. The District Inspector of Schools, Mirzapur accepted the option of teaching staff but rejected the option of non-teaching staff. Consequently, a non-teaching staff Sri Shiv Vibhuti Singh and husband of the petitioner Sri Nigam Singh filed a Writ Petition No.2213 of 1999 which was disposed of by order dated 08.02.1999. In compliance to the aforesaid order of this Court dated 08.02.1999, the option exercised by non-teaching staff was accepted by the D.I.O.S. Vide letter No.G.P.F./9855/99-2000, dated 04.12.1999. Thereafter, the provident fund of non-teaching staff including the husband of the petitioner was being deducted and deposited along with the contribution of management under the head "General Provident Fund". On retirement, on 13.09.1999, the husband of the petitioner completed formalities of his pension papers which were forwarded by the D.I.O.S. Mirzapur for sanction to the Deputy Director of Education, Vindhyachal Division, Mirzapur. The pension of aforesaid Sri Shiv Vibhuti Singh was sanctioned by Letter No.2467-2471, dated 21.11.2001 but pension papers of the husband of the petitioner was forwarded to the Directorate of Education for guidance.
4. When nothing was done by the Authorities, then the husband of the petitioner filed Writ-A No.28706 of 2006 (Nigam Singh vs. State of U.P. and others) which was disposed of by this Court by order dated 03.05.2011 as under:
"Heard learned counsel for the parties.
The relief prayed for in the present writ petition is for payment of pension to the petitioner who has retired from the post od clerk of a recognised and aided Intermediate College at par with the clerks of Government Colleges, who according to petitioner retire from the same post.
Learned counsel for the petitioner submits that although the institution was being run and managed by Nagar Palika Mirzapur the payment of salary to the staff of the institution was being released under U.P. Act No. 24 of 1971 by the State Exchequer. Therefore, the retiral dues are also to be released accordingly.
Learned counsel for the Nagar Palika Parishad, Mirzapur Sri C.K. Parekh with reference to section 73 of the Municipalities Act and 16 H of the Intermediate Education Act and the Notifications issued (copies where of has been enclosed with the counter affidavit) contends that the retiral dues to the employees of the institution which are run by local bodies are to be determined with reference to the provisions of the U.P. Nagar Palika Non Centralised Retirement Benefit Regulation, 1984.
From the facts as noticed above it is clear that the controversy involved in the present writ petition is with regard to rules which would regulate the payment of retiral dues to the employees of the recognised and aided Intermediate institution run by the Nagar Palika. According to the petitioner the Scheme which is applicable to any other recognised and aided institution would apply to the employees of the institution run by the Nagar Palika Parishad in as much as salary was being paid under U.P. Act No. 24 of 1971. While according to Nagar Palika Parishad special rules framed in the matter of employees of Nagar Palika will apply.
I am of the considered opinion that the issues raised can be more appropriately examined by respondent no.1 at the first instance.
In view of the aforesaid writ petition is disposed of with liberty to the petitioner to make a representation ventilating all his grievances before respondent no.1 within two weeks from today alongwith certified copy of this order. On such representation being made, respondent no.1 shall consider and decide the same by means of a reasoned speaking order, preferably within six weeks after affording opportunity of hearing to the Nagar Palika.
All consequential action shall be taken immediately thereafter. In order to avoid any such controversy in future the State Government may also issue a circular in respect of payment of retiral dues to the employees of the Intermediate institutions run by the Nagar Palika Parishads."
(Emphasis supplied by me)
5. Pursuant to the afore-quoted order of this Court dated 03.05.2011, the petitioner filed a detailed representation before the Secretary Education (Madhyamik), Government of U.P. Lucknow narrating the facts as aforementioned. This representation of the petitioner was disposed of by order dated 15.12.2012 observing that the provisions of the Intermediate Education Act, 1921, is not applicable to non-teaching staff of educational institutions being run by Local Bodies rather they shall be governed by the provisions of Municipalities Act.
6. Being aggrieved, the petitioner filed Writ-A No.39062 of 2012 (Ram Dulari vs. State of U.P. and others), which was disposed of by order dated 29.11.2012 as under:
"In the present case, husband of petitioner namely Nigam Singh had earlier filed Civil Misc. Writ Petition No. 28706 of 2006 and said writ petition had been decided on 3.5.2011 and pursuant thereto representation in question has been decided. Petitioner submits that pension is liable to be paid by the State Government and in this regard there is judgment rendered in W.P. No. 3925 of 2006. Against the same special appeal had been filed, but with no interim order. State Government based on the same, on 25.4.2012 has proceeded to pass order mentioning therein that pension shall be payable, but same shall be subject to the decision of special appeal. Petitioner submits that she is entitled for pension from the office of the District Inspector of Schools and coupled with this qua managerial contribution matter has already been decided by this court in Civil Misc. Writ Petition No. 75746 of 2005 (Smt. Shanti Solanki Vs. State of U.P. and others) and this Court on 06.09.2006 has struck down the condition imposed in the Government Order dated 26.07.2001 wherein cut of date has been fixed for depositing management contribution and directives have been issued therein giving permission to the petitioners of the aforesaid writ petition to deposit the management contribution together with interest within a period of six weeks, Consequently, District Inspector of Schools, Mirzapur is directed to see and ensure that final decision is taken on the same in the light of decision of Government Order dated 25.4.2012 and judgment rendered in Civil Misc. Writ Petition No. 75746 of 2005 (Smt. Shanti Solanki Vs. State of U.P. and others) decided on 06.09.2006, preferably within period of next three months from the date of production of certified copy of this order.
With these observations, writ petition is disposed of."
(Emphasis supplied by me)
7. It shall not be out of place to mention that the question of payment of pension to non-teaching staff of Educational Institutions being run by the Nagarpalika Soron, District Etah came for consideration before this Court in Writ-A No.3925 of 2006 (Shyam Lal and another vs. State of U.P. and others), which was allowed by order dated 17.01.2011 as under:
"1. Both the petitioners are employees of Sant Tulsi Das Municipal Inter College, Soron, District Etah (hereinafter referred to as the "College"). The petitioner no. 1 was working as Chowkidar having been appointed on 05.08.1966 and on attaining the age of superannuation retired on 28.02.2000. The petitioner no. 2 was appointed as Mali on 10.08.1966 and on attaining the age of superannuation retired on 31.01.2002. Since thereafter both the petitioners made strenuous efforts to get their retiral benefits running between the State Government and Municipal Board, Etah but having failed to get retiral benefits approached this Court by means of the present writ petition where an order was issued on 12.12.2005 by the Assistant District Inspector of Schools, Etah informing the Manager/Principal of the College that the College in question is governed by local body whereupon U.P. Municipalities Act, 1916 (hereinafter referred to as the "1916 Act") is applicable and, therefore, pension of non teaching staff of the said institution is not payable by educational department but has to be paid by Nagar Palika, therefore, pension papers are being returned.
2. The petitioners have sought a writ of certiorari for quashing the order dated 12.12.2005 and also a writ of mandamus commanding the respondents to pay pension and other retiral benefits forthwith.
3. On behalf of respondents no. 1 to 4 a counter affidavit has been filed stating that by Government Order dated 18.10.1982 issued to Officer In-charge, Nagar Palika, Auraiyya informing that the Government Notification dated 13.06.1909 as amended partially on 12.07.1982 provides that the institutions run by local bodies shall not be governed by provisions of Intermediate Education Act, 1921 (hereinafter referred to as the "Act, 1921") in respect to the appointment, funds and other conditions of service and such employees will be governed by 1916 Act and the Rules framed thereunder. They also admits that one employee, namely, Sri Jagdish Parashar, a Head Clerk of the College in question though was sanctioned payment of pension by the Government by letter dated 03.08.2005 but it was made clear that it shall not be treated as a precedent. To the same effect is a letter dated 21.03.2006 issued by the Director of Education, U.P., Allahabad informing all educational authorities that the retired employees of colleges maintained by local bodies shall not be entitled for payment by the Government but shall be governed by rules and regulations applicable to Nagar Palika employees.
4. The petitioners have specifically stated in paras 18, 19 and 20 of the writ petition that U. P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as '1971 Act') is applicable upon the various schools run by Nagar Palika in the State of U.P. and petitioners' College was also governed by said Act and salary was paid to petitioners through the office of respondent no. 4 by applying provisions of 1971 Act.
5. These submissions have been replied in para 12 of the counter affidavit which reads as under:
^^12- ;g fd ;kfpdk ds izLrj 18] 19] 20] 21] 22 ds mRrj esa ;g dguk gS fd ikfydk }kjk lapkfyr ek/;fed fo|ky;ksa esa dk;Zjr f'k{k.ksRrj deZpkfj;ksa dks ek= osru forj.k dh f'k{kk foHkkx }kjk fu;ekuqlkj fd;k tk jgk gSA f'k{k.ksRrj deZpkfj;ksa dh vU; lsok 'krsZa iwoZ izLrj esa of.kZr 'kklu ds i= fn0 18-10-1982 ds vuqikyu esa uxj ikfydk vf/kfu;e 1916 ds vUrxZr cuk;h x;h lsok fu;ekoyh dh lsok 'krsZ ykxw gSaA**
6. In para 14 of counter affidavit the respondents have also admitted that the provident fund is deducted by educational authorities though the amount of group insurance it is alleged that deducted by Nagar Palika.
7. The only question up for consideration, therefore, is whether pension to petitioners is payable by State Government or by Nagar Palika, Soron, District Etah.
8. Section 73 of 1916 Act reads as under:
"73. Appointment, etc., of servants on the educational establishment.--(1) Subject to the provisions of sub-section (2), the appointment of persons on the educational establishment of a Municipality shall be made by such authority as may be specified in this behalf by the State Government, and different authorities may be specified for different classes of posts on the establishment.
(2) The State Government may make rules regulating the recruitment, punishment, appeal and other conditions of service of persons appointed to the educational establishment of a Municipality.
Provided that the appointment of a teacher or Head of an institution shall be governed by the provisions of the Uttar Pradesh State Universities Act, 1973, or the Intermediate Education Act, 1921, as the case may be."
9. Proviso to sub-section 2 of Section 73 was inserted by U.P. Act No. 10 of 1978 make it clear that appointment of teaching staff of an institution established by Municipality shall be governed by provisions of Act, 1921. The power has been conferred upon the State Government to make rules regulating recruitment, punishment and other conditions of service of staff of educational establishment of a municipality unlike the Regulations framing power conferred under Section 297 upon a Municipality governing the conditions of service of all servants of a Municipality. A pervasive control, therefore, has been given to State Government by virtue of Section 73 of 1916 Act in respect to employees of educational establishment of a Municipality. This is further fortified from the fact that for the purpose of application of payment of salary the employees of institution in question are governed by provisions of 1971 Act which has not been disputed by respondents. The amount of provident fund is also deducted by educational authorities and deposited into funds as decided by the Government like the funds of other Government servants. The letter dated 18.10.1982 appears to have been issued with reference to some notification of 1909 without looking to the fact that Section 73 as it stands today was substituted by U.P. Act No. 7 of 1953 and proviso to sub-section 2 was inserted by U.P. Act No. 10 of 1978. It does not appear that while issuing aforesaid letter dated 18.10.1982 the aforesaid provisions were taken into consideration by the authorities concerned. It further refers to Section 16-K(3) of Act, 1921 though no such provision exist either in the Act, 1921 or 1916 Act.
10. Section 16-H of Act, 1921 confers power upon the Government to exclude certain institutions from being governed by certain provisions of Act, 1921 and reads as under:
"16-H. Exemption of certain classes of institutions from the operation of certain sections.--(1) The provisions of Sections 16-A, 16-B, 16-C, sub-section (2) to sub-section (13) of Section 16-D and Sections 16-E, 16-F and 16-G shall not apply to recognised institutions maintained by the State Government or the Central Government.
(2) In the case of recognised institutions maintained by a local body, the State Government may declare that all or any of the provisions referred to in sub-section (1) shall not apply or shall apply subject to such alterations, modifications or additions as it may make and the provisions, if any, so made applicable, shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force."
11. It is not shown that in exercise of such powers any order was issued with reference to institution in question or the institutions maintained by local body. Moreover, the exemption contemplated under Section 16-H(2) is in reference to only limited provisions, i.e., 16-A, 16-B, 16-C, 16-D (2 to 13), 16-E, 16-F and 16-G and not to the other provisions of Act, 1921. After insertion of proviso to sub-section 2 of Section 73 of 1916 Act it is now absolutely clear that entire provisions of Act, 1921 are applicable to an institution of Municipality.
12. Moreover the letter dated 18.10.1982 is not a Government Order applicable to all institutions of Municipalities but even otherwise is confined to only Nagar Palika Auraiyya. There is nothing to show that any provision was made under any statutory provision by the State Government making only Nagar Palika responsible for payment of retiral benefits of educational institutions of Nagar Palika even though the institution is governed by 1971 Act. In absence of any provisions shown to this Court, I am not inclined to accept the defence of respondents that in view of letter dated 18.10.1982 the retiral benefits of petitioners are not payable by the State Government.
13. Learned counsel for the respondent at this stage contended whether the petitioners were governed by provisions pertaining to provident fund or contributory provident fund is not clear and, therefore, whether petitioners were entitled for pension cannot be stated at this stage.
14. However, in the counter affidavit no such dispute has been raised that the petitioners are not entitled for payment of any retiral benefits and the only defence taken therein relying on the letter dated 18.10.1982 that it is the liability of Nagar Palika concerned. As already discussed above, this Court is not inclined to accept the above defence taken by respondents.
15. In the result, the writ petition is allowed. The impugned order dated 12.12.2005 is hereby quashed. The respondent no. 5 is directed to forward the pension papers of petitioners forthwith and in any case not less than one month from the date of production of a certified copy of this order to the District Inspector of Schools concerned who shall examine the same and pass appropriate order and forward the papers to competent authority for sanction of pension to petitioners immediately thereafter. The entire exercise shall be completed by the concerned competent authority including the District Inspector of Schools within a period of three months from the date of receipt of papers from respondent no. 5. The petitioners shall also be entitled to interest on the entire unpaid amount at the rate of 8% per annum which shall commence after one month from retirement till the amount actually paid. The petitioners shall also be entitled to costs which is quantified to Rs. 5,000/-."
(Emphasis supplied by me)
8. In Civil Misc. Writ Petition No.75746 of 2005 (Smt. Shanti Solanki vs. State of U.P. and others), the controversy with regard to depositing the contribution together with interest, was decided by this Court vide order dated 06.09.2006 observing as under:
"Consequently, the writ petition is allowed and in case the petitioner deposits the management's contribution together with interest within a period of six weeks, the respondents shall extend the benefit of the said Government order to the petitioner within a further period of six weeks. No order as to costs."
9. Pursuant to the order dated 29.11.2012 in Writ-A No.39062 of 2012 as afore-quoted, the D.I.O.S., Mirzapur passed the order dated 16.04.2013 observing that he has no right to sanction pension of the petitioner and that the entire papers have already been remitted to the Divisional Office vide letter dated 26.02.2013. It was further observed that as per letter of the Divisional Office dated 08.04.2013, the pension of non-teaching staff of Education Institutions being run by Nagar Nigam prior to 29.03.2007 shall be paid by Nagar Nigam and thereafter by the Education Department. Relevant portion of the order of the D.I.O.S. dated 16.04.2013 is reproduced below:
"mDr ;kfpdk esa ikfjr vkns'k fnukad 29-11-2012 }kjk v/kksgLrk{kjh dks izdj.k rhu ekg ds vUnj fuLrkfjr fd;s tkus ds vkns'k ds dze esa ;g dguk gS fd v/kksgLrk{kjh dks isa'kukfn Lohd`r djus dk vf/kdkj ugha gSA iwoZ esa gh ;g izdj.k e.Myh; dk;kZy; dks bl dk;kZy; ds i= fnukad 26-02-2013 ds }kjk leLr vko';d vfHkys[kksa lfgr izsf"kr gSA e.Myh; dk;kZy; ds i= fnukad 08-04-2013 ds vuqlkj fnukad 29-03-2007 ds iwoZ uxj fuxe }kjk lapkfyr fo|ky;ksa ds lsokfuo`fRr dfeZ;ksa ds isa'ku dk Hkqxrku uxj fuxe }kjk ,oa mlds i'pkr~ lsokfuo`Rr dk Hkqxrku f'k{kk foHkkx }kjk fd;s tkus dk izkfo/kku fd;k x;k gSA fu.kZ;
ek0 mPp U;k;ky; esa ;ksftr mDr ;kfpdk esa ikfjr vkns'k fnukad 29-11-2012 rn~uqlkj fuLrkfjr fd;k tkrk gSA ¼,l-,l-flag½ ftyk fo|ky; fujh{kd ehjtkiqjA"
10. Since the grievance of the petitioner was not redressed even after chasing the matter since the year 1999 and also even after order dated 03.05.2011 in Writ-A No.28706 of 2006 and order dated 29.11.2012 in Writ-A No.39062 of 2012 were passed and as such the petitioner filed a Writ-A No.37708 of 2013 (Ram Dulari vs. State of U.P. and others) which was allowed by order dated 21.08.2014 observing/ directing as under:-
"Concededly, the institution is run by the Nagar Palika Parishad. Some of the provisions of the Act, 1921 have no applicability, but as noticed by this Court in Writ Petition No.3925/2006, no subsequent notification has been issued by the State Government in terms of Section 16-H of the Act, 1921, therefore, the entire provision of the Act, 1921 are applicable to the institution of the municipality. Against the order dated 17/1/2011 passed in Writ Petition No.3925/2006, Special Appeal has been filed, but no interim order has been passed. The State Government in compliance of the order of this Court dated 17/1/2011 passed in Writ Petition No.3925/2006, has issued a Government Order dated 25/4/2012. While allowing the writ petition, this Court vide judgment and order dated 06/9/2006, has issued a direction to the District Inspector of Schools to decide the matter in the light of the Government Order dated 25/4/2012 and the judgment of this Court passed in Writ Petition No.75746/2005.
From a perusal of the impugned order, it is demonstrably established that the District Inspector of Schools has not adverted to any of the directions of this Court.
I find considerable force in the submissions of Shri Yogesh Agarwal, learned counsel for the petitioner that the District Inspect of Schools has totally disobeyed the order of this Court. Thus, I am of the view that the order of the District Inspector of Schools dated 16/4/2013, is vitiated on the ground that the order of this Court dated 29/11/2012, passed in Writ Petition No.39062/2012 has not been complied with.
After careful consideration of the matter, I am of the view that the order passed by the District Inspector of Schools needs to be set-aside and is accordingly set-aside.
Resultantly, the writ petition is allowed.
The matter is remitted back to the District Inspector of Schools to comply the order of this Court dated 29/11/2012 passed in Writ Petition No.39062/2012. He shall complete the said exercise after hearing the petitioner and the concerned authority expeditiously, preferably within a period of two months from the date of communication of the order. The District Inspector of Schools shall pay regard to the fact that the petitioner is a widow and the matter pertains to the post retiral benefits."
(Emphasis supplied by me)
11. Certified copy of the aforesaid order dated 21.08.2014 passed by this Court in Writ-A No.37708 of 2013 was submitted by the petitioner before the D.I.O.S. Mirzapur, vide letter dated 04.10.2014.
12. It shall not be out of place to mention that pursuant to the law clarified by this Court, vide order dated 17.01.2011 in Writ Petition No.3925 of 2006, the State Government issued an Order No.552/15-12/2012-1600 (65) / 2012, dated 25.04.2012 directing the Director of Education (Madhyamik), U.P. Lucknow, all Divisional Joint Director of Education U.P., all Divisional Deputy Director of Education of U.P. and all D.I.O.Ss. in U.P. that the pension to non-teaching staff of Educational Institutions being run by Local Bodies shall be sanctioned by the Secondary Education Department.
13. An order dated 3/13.06.2014 was also issued by Principal Secretary of Director of Education (Madhyamik) U.P. Lucknow directing for payment of pension to non-teaching employees of Educational Institutions being run by District Panchayat which are covered by the U. P. High Schools and intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act. 1971 (U. P. Act No. 24 of 1971) .
14. The above mentioned long struggle of the petitioner for more than 15 years and various orders passed by this Court could not leave any effect upon the concerned authorities and instead of granting pension to the petitioner, the D.I.O.S. Mirzapur passed an order dated 24.12.2014 directing that the matter may be referred to the Divisional Deputy Director to take decision in the light of the Government Order dated 25.04.2012.
15. Being extremely harassed and finding herself totally helpless, the petitioner widow lady has filed the present writ petition to continue with her struggle to get her pension, and prayed as under:
"i) issue a writ, order or direction in the nature of certiorari quashing the impugned communication/ order dated 05.08.2015 passed by the Deputy Director of Education, Vindhyachal Mandal, Mirzapur (Annexure No.1 to the Writ Petition)
ii) issue a writ, order or direction in the nature of mandamus directing the opposite parties to pay all retrial benefits due towards Nigam Singh (deceased) to the petitioner along with interest.
iii) issue any other writ or order or direction as this Hon'ble Court may deem fit and proper in the present circumstances of the case.
iv) award cost of the instant writ petition in favour of the petitioner"
16. It appears from the order dated 31.07.2017 passed in this writ petition that the State-Respondents again attempted to dispute the payment of pension by the Education Department to non-teaching staff of Educational Institutions being run by the Local Bodies. A counter affidavit dated 14.01.2016 was filed by one Sri Shamim Ahmad Khan, Accounts Officer in the office of Joint Director of Education, Vindhyachal Region, Mirzapur which itself evidences the harassing attitude adopted by the authorities.
17. Thereafter, this Court passed an order in this writ petition on 20.04.2017 expressing displeasure on the conduct of the authorities.
18. Thereafter, Sri Sanjay Agarwal, Additional Chief Secretary, Secondary Education, Government of U.P. filed an affidavit dated 17.08.2017 in which he admitted the knowledge of filing of various writ petitions from time to time by the husband of the petitioner and after his death, by the petitioner and the orders passed therein. He stated in paragraphs 20, 21, 22 and 23 as under:
"20. That, in view of the aforesaid order dated 22.06.2012, the papers pertaining to pension of late Nigam Singh were sent for sanction to the Executive Officer, Nagar Palika Parishad, Meerzapur.
21. That, in pursuance of the directions issued vide order no.1371 dated 11.08.2017, Government Order No.552 dated 25.04.2012 (Shiksha Anubhag-12) as also the order passed by this Hon'ble Court in Special Appeal No.902/2011 titled as Principal Secretary, Madhyamik Shiksha Vs. Shyam Lal and others, the family pension to the petitioner has been sanctioned. True copy of the letter No.1670 dated 12.08.2017, letter No.1664-1668 dated 11.08.2017 alongwith letter Nos.1669 dated 11.08.2017 are being filed herewith collectively and marked as Annexure No.1 to this affidavit.
22. That, in view of the aforesaid facts and circumstances as stated hereinabove, it is respectfully submitted that the pension of late Nigam Singh and the family pension of the petitioner alongwith commutation has been sanctioned and has been sent to the Treasury for payment.
23. That, the deponent tenders his unconditional apology for the inconvenience caused to this Hon'ble Court as the same was unintentional."
19. Thus, after about 19 years of journey of harassment and arbitrary actions of the State-Respondents and after the petitioner lost her husband, she was sanctioned the pension which was her statutory right. In the afore-noted background of facts and the submissions made by learned counsels for the parties, this Court passed the order dated 04.10.2017 as under:
"Learned standing counsel states that pursuant to the order dated 20.4.2017 an affidavit of compliance has been filed on 18.8.2017 which is not on record. Office is directed to trace it out and place it on record.
Learned counsel for the petitioner submits that the husband of the petitioner had retired in the year 1999 who pursued the matter for several years to get pension but despite orders of this court pension was not paid by the State-respondents. Her husband died on 28.3.2010. Thereafter, she also filed writ petition and despite orders of this court the pension was not paid to her. It is only when the order dated 20.4.2017 was passed by this court, the respondents paid pension in August 2017. During this long span of about 18 years the petitioner and her husband have been harassed by the respondents by not granting pension. The petitioner and her husband spent lot of time and money for statutory right of pension being part of conditions of service. He, therefore, submits that accountability of the officers and employees of the State Government should be fixed, heavy cost be imposed and the interest may also be awarded to the petitioner in view of the law laid down by this Court in the Case of M/s. Ansal Housing and Construction Limited Vs. State of U.P. 2014(10) ADJ 348, (which was affirmed by Hon'ble Supreme Court) and Dnyandeo Sabaji Naik Vs. Pradnya Prakash Khadekar, 2017(5)SCC 496.
He further submits that the conduct of the authorities itself is not only in breach of the State litigation policy as well the National Litigation Policy but also requires consideration by this Court to ask the State Government as to whether any statutory provisions, guidelines or policy have been framed to protect its own people from the arbitrary actions of authorities and employees coupled with their accountability and also to compensate people for the harassment and loss being caused by them. He further submits that for such actions of the State-respondents cost and interest deserves to be awarded but instead of burdening the State exchequer, such cost and interest deserves to be recovered from the erring officers and employees in view of law laid down by Hon'ble Supreme Court in the case of Punjab State Power Corporation Ltd. Vs. Atma Singh Grewal 2014 (13) SCC 666 and the judgment of this Court in First Appeal Defective No.292 of 2016, decided on 8.9.2016.
Learned standing counsel prays for and is granted a week's time to enable the respondent no.1 to file his personal affidavit specifically on the points/submissions noted above.
Put up on 11.10.2017.
Learned Advocate General/Additional Advocate General is requested to assist in the matter on the next date fixed.
Let a copy of this order be given free of cost to the learned Chief Standing Counsel within 24 hours for communication to the State Government and to do the needful. "
20. There was absolutely no dispute that pension was payable husband of the to the petitioner. The only dispute raised by the respondents was that the pension is payable by the Local Body under the Local Bodies Department of the State Government and not by the Education Department of the State Government since the Educational Institution in question, although regulated and governed by the provisions of U.P. Intermediate Education Act, 1921; was being run by a Local Body. Thus, in any case, the matter could have been easily clarified/ resolved by the State Government itself but instead of helping the retired deceased employee to get pension being the only source of his livelihood and after his death to her widow i.e. the petitioner, the State-Respondents continuously acted arbitrarily and continued to cause harassment. What is more alarming is that even after the clear position of law as reflected by the provisions of U.P. Intermediate Education Act, 1921 and explained by this Court in the case of Shyam Lal and another (supra) and various orders passed by this Court in four writ petitions filed by the petitioner or her deceased husband, the State-Respondents continued with their arbitrary approach causing harassment and irreparable loss to the petitioner.
21. In the case of Lucknow Development Authority vs. M.K. Gupta (1994) 1 SCC 243 (Paras-8, 10 and 11), Hon'ble Supreme Court considered the question of imposition of cost/ compensation and recovery thereof from the erring officers and held as under:
"8..........................Under our Constitution sovereignty vests in the people. Every limb of the constitutional machinery is obliged to be people oriented. No functionary in exercise of statutory power can claim immunity, except to the extent protected by the statute itself. Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour before authorities created under the statute like the commission or the courts entrusted with responsibility of maintaining the rule of law.................................
10..........................The jurisdiction and power of the courts to indemnify a citizen for injury suffered due to abuse of power by public authorities is founded as observed by Lord Hailsham in Cassell & Co. Ltd. v. Broome, 1972 AC 1027 : (1972) 1 All ER 801 on the principle that, an award of exemplary damages can serve a useful purpose in vindicating the strength of law'. An ordinary citizen or a common man is hardly equipped to match the might of the State or its instrumentalities. That is provided by the rule of law. It acts as a check on arbitrary and capricious exercise of power. In Rookes v. Barnard, 1964 AC 1129 : (1964) 1 All ER 367, 410 it was observed by Lord Devlin, 'the servants of the government are also the servants of the people and the use of their power must always be subordinate to their duty of service'. A public functionary if he acts maliciously or oppressively and the exercise of power results in harassment and agony then it is not an exercise of power but its abuse. No law provides protection against it. He who is responsible for it must suffer it. Compensation or damage as explained earlier may arise even when the officer discharges his duty honestly and bona fide. But when it arises due to arbitrary or capricious behaviour then it loses its individual character and assumes social significance. Harassment of a common man by public authorities is socially abhorring and legally impermissible. It may harm him personally but the injury to society is far more grievous. Crime and corruption thrive and prosper in the society due to lack of public resistance. Nothing is more damaging than the feeling of helplessness. An ordinary citizen instead of complaining and fighting succumbs to the pressure of undesirable functioning in offices instead of standing against it. Therefore the award of compensation for harassment by public authorities not only compensates the individual, satisfies him personally but helps in curing social evil. It may result in improving the work culture and help in changing the outlook. Wade in his book Administrative Law has observed that it is to the credit of public authorities that there are simply few reported English decisions on this form of malpractice, namely, misfeasance in public offices which includes malicious use of power, deliberate maladministration and perhaps also other unlawful acts causing injury. One of the reasons for this appears to be development of law which, apart, from other factors succeeded in keeping a salutary check on the functioning in the government or semi-govemment offices by holding the officers personally responsible for their capricious or even ultra vires action resulting in injury or loss to a citizen by awarding damages against them. .................................
11.................................... In a modern society no authority can arrogate to itself the power to act in a manner which is arbitrary. It is unfortunate that matters which require immediate attention linger on and the man in the street is made to run from one end to other with no result. The culture of window clearance appears to be totally dead. Even in ordinary matters a common man who has neither the political backing nor the financial strength to match the inaction in public oriented departments gets frustrated and it erodes the credibility in the system. Public administration, no doubt involves a vast amount of administrative discretion which shields the action of administrative authority. But where it is found that exercise of discretion was mala fide and the complainant is entitled to compensation for mental and physical harassment then the officer can no more claim to be under protective cover. When a citizen seeks to recover compensation from a public authority in respect of injuries suffered by him for capricious exercise of power and the National Commission finds it duly proved then it has a statutory obligation to award the same. It was never more necessary than today when even social obligations are regulated by grant of statutory powers. The test of permissive form of grant is over. It is now imperative and implicit in the exercise of power that it should be for the sake of society. When the court directs payment of damages or compensation against the State the ultimate sufferer is the common man. It is the tax payers' money which is paid for inaction of those who are entrusted under the Act to discharge their duties in accordance with law. It is, therefore, necessary that the Commission when it is satisfied that a complainant is entitled to compensation for harassment or mental agony or oppression, which finding of course should be recorded carefully on material and convincing circumstances and not lightly, then it should further direct the department concerned to pay the amount to the complainant from the public fund immediately but to recover the same from those who are found responsible for such unpardonable behaviour by dividing it proportionately where there are more than one functionaries. "
22. In this backdrop, this court passed a detailed order dated 11.10.2017 and required the respondent No.1 to answer the following questions:
(i) Whether any statutory provisions, guidelines or policy have been framed by the State Government to protect its own people from the arbitrary actions of authorities and employees coupled with their accountability and also to compensate people for the harassment and loss caused by them.
(ii) Why cost and interest be not awarded and instead of burdening the State exchequer, such costs and interest be not recovered from the erring officers and employees in view of law laid down by Hon'ble Supreme Court in the case of Punjab State Power Corporation Ltd. Vs. Atma Singh Grewal, (2014) 13 SCC 666 ?
(iii) Whether the conduct of the State-Respondents in dragging the petitioner in litigation for more than 19 years to get her undisputed statutory pension, is in breach of the State Litigation Policy and the settled law?
23. An affidavit of compliance was filed by the respondent No.1 on 24.10.2017 to answer the above noted questions which was not found satisfactory. Therefore, this court directed the respondent Nos.7 and 8, namely the Chief Secretary, Government of U.P. Lucknow and the Principal Secretary (Law), Government of U.P. Lucknow, to answer the following questions:
"1. Whether any statutory provisions, guidelines or policy have been enacted/framed by the State Government to protect its own people from the arbitrary actions or inaction of authorities and employees or abuse of power by them coupled with their accountability and also to compensate people for the harassment and loss caused by them?
2.Whether in public interest and to protect its own people, the State Government proposes to enact/frame law as mentioned in question No.1 above?
3.Why cost and interest be not awarded and instead of burdening the State exchequer, such costs and interest be not recovered from the erring officers and employees in view of law laid down by Hon'ble Supreme Court in the case of Punjab State Power Corporation Ltd. Vs. Atma Singh Grewal, (2014) 13 SCC 666?
4. Whether the conduct of the State-Respondents in dragging the petitioner uncalled for in litigation for more than 19 years to get her undisputed statutory pension, is arbitrary and resulted in abuse of power?
5. Whether respective Administrative Departments under Section 3 of the Uttar Pradesh Janhit Guarantee Adhiniyam 2011 read with Notification No.375/91-2013 dated 27.11.2013 issued thereunder have nominated first Appellate Officers/Second Appellate Officers/Revising Officers and communicated it to the Public Services Management Department, Uttar Pradesh?
6. Whether any penalty under Section 7(1)/(2) has been imposed and compensation under sub-Section(3) has been granted so far to any person ? If answer is in affirmative, disclose details of any one month of the year 2017.
7. Whether any Rules under Section 7(10) of the Adhiniyam 2011, have been framed? "
24. Thereafter the matter was heard at length on 15.11.2017, 14.12.2017 and 15.12.2017. The learned Additional Advocate General made a statement which was noted in the order dated 15.12.2017, as under:
"Learned Additional Advocate General submits that the State Government shall take all possible steps for enactment of a law with reference to point nos. 1,2 and 3 mentioned in the order dated 1.11.2017. Since the matter has already been sufficiently heard and as such the judgment may be reserved and liberty may be granted to the State respondent to bring on record the report of the Committee constituted under the aforesaid notification dated 14.12.2017 and a copy of enactment if it is legislated, by means of a written submission, within eight weeks.
Written submission as requested by the learned Additional Advocate General shall be filed within eight weeks from today.
In view of the aforesaid, Judgement is reserved."
25. A report of the Committee as constituted under the Notification dated 14.12.2017 was filed along with an affidavit dated 17.02.2018 on behalf of respondent Nos.1 and 7, which was belatedly placed on record of the present writ petition. The aforesaid committee has expressed opinion that there is no need to enact a law with reference to point Nos.1, 2 and 3 of the Order dated 24.10.2017. However, in the aforesaid affidavit dated 17.02.2018 filed on behalf of the State Government it has not been stated that the report of the committee dated 02.02.2018 has been accepted. On 15.12.2017, a statement was made by the learned Additional Advocate General that the State Government shall take all possible steps for enactment of a law with reference to point No.1, 2 and 3. Therefore, the report of the committee dated 02.02.2018 filed along with the affidavit dated 17.02.2018 is rejected.
26. Much emphasis has been laid by the State Government on the averments made in para-7 of the personal affidavit of Sri Rajive Kumar, Chief Secretary, Government of U.P. Lucknow dated 14.12.2017 that "The Uttar Pradesh Janhit Guarantee Adhiniyam, 2011 has also been enacted by the State Government with the purpose to protect its own people from arbitrary action or inaction of the authorities and employees coupled with their accountability." He stated in paras-7, 9, 14 and 15, as under:
"7. That in the aforesaid meeting, serious discussions were made on the points and it was concluded that Uttar Pradesh Janhit Guarantee Adhiniyam, 2011 has also been enacted by the state government with the purpose to protect its own people from the arbitrary action or inaction of the authorities and employees coupled with their accountability. It was also decided in the meeting that vide circulation/ publication of the provisions of Uttar Pradesh Janhit Guarantee Adhiniyam, 2011 by department of public service management (Lok Seva Prabandhan) is necessary, so that the public at large might come to know the same. Accordingly based on this decision taken in meeting dated 06-12-2017 advertisements were published in 134 news papers for wide publicity of provisions of Uttar Pradesh Janhit Guarantee Adhiniyam, 2011.
9. That it is further submitted with regards to point no.2 whether in public interest and to protect it's own people, the State Government proposes to enact/ frame law it is to submit that initially under the ambit of Uttar Pradesh Janhit Guarantee Adhiniyam, 2011, only 139 serves of 30 departments and 10 services of all other departments (total 149 services) were notified. Thereafter recently the State Government of UP vide notification dated 27.10.2017 and 31.10.2017, has increased through notification, 88 services under the ambit of this adhiniyam. Thus at present, 227 services of 33 departments and 10 services of all departments i.e. total 237 services have been notified under this Adhiniyam, 2011.
14. As regards the point no.6 of the order dated 01-11-2017 regarding the details of penalty imposed under Uttar Pradesh Janhit Guarantee Adhiniyam, 2011, it is to submit that joint secretary of Lok Seva Prabandhan informed through his letter dated 12-12-2017 that no information received from any department regarding imposition of any penalty as per sub section-3 of Uttar Pradesh Janhit Guarantee Adhiniyam, 2011. This situation indicate lack of awarness among the public, so government is committed to make this adhiniyam more effective and powerful through wider publicity. Government will implement penalty provision of Uttar Pradesh Janhit Guarantee Adhiniyam, 2011 in more than potent and fruitful manner.
15. As regards the point no.7 it is humbly brought into the knowledge of the Hon'ble High Court that the work for framing the Rules under Janhit Guarantee Adhiniyam, 2011 is under serious consideration and shall be completed by March 2018."
"Right to Public Services" Legislation in India:
27. 'Citizen's Charter' to strive for a sustained improvement in the quality of public services provided to the citizens was introduced by Government of India in 1997 which was voluntary in character. To improve public service delivery, a service excellence model called 'Sevottam' was initiated in 2005 to give a new thrust to the implementation of Citizen's Charter. Centralised Public Grievance Redress and Monitoring System (CPGRAMS) was launched in the year 2007. To equip public with the statutory right to get delivery of services within stipulated time, The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 (Bill No.131 of 2011) was introduced in the Lok Sabha in the year 2011 but it lapsed. In the meantime, "Right to public services legislations" were legislated by several States, the first being the State of Madhya Pradesh, followed by State of Bihar, N.C.T. of Delhi, State of Punjab, Rajsthan, Himanchal Pradesh, Kerla, Uttarkhand, Haryana, Uttar Pradesh, Odissa, and Jharkhand etc. The State of Madhya Pradesh enacted the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010 and it saw path-breaking success and received The UNPSA Award in the year 2012 which is most prestigious international recognition of excellence in public service. Delhi Government enacted the Delhi (Right of Citizens to Time Bound Delivery of Services) Act 2011 and introduced e-monitoring of services with facility to citizens to track their applications and electronic disposal of works and monitoring so as keep a check on the non-performing departments and staff. The Uttar Pradesh Janhit Guarantee Adhiniyam, 2011 was enacted by the U.P. Legislature with the Statement of Objects and Reasons, as under:-
"For the delivery of Public Services provided by various departments of the Uttar Pradesh Government generally no time-limit was fixed and neither the competent officers for delivery of such services within stipulated time-limit were properly designated nor their responsibilities were fixed, due to which the people of the State were facing difficulties. It was, therefore, decided to make a law to provide for the delivery of services to the people of the State within stipulated time-limit and for matters connected therewith or incidental thereto."
28. Section 3, 4, 5, 6 and 7 of the Adhiniyam, 2011 are relevant which are reproduced below:
"3. Notification of services, designated officers, first appeal officers, second appellate authority and stipulated time limits. - The State Government may, from time to time, notify the services designated officers, first appeal officers, second Appellate Authority and stipulated time limits therefor.
4. Right to obtain service within stipulated time limit. - The designated officer shall provide the service notified under Section 3 to the eligible person.
5. Providing services in stipulated time limit. - (1) Stipulated time limit shall start from the date when required application for notified service is submitted to the designated officer or to a person subordinate to him authorized to receive the application. Such application shall be duly acknowledged.
(2) The designated officer on receipt of an application under sub-section (1) shall within the stipulated time limit either provide service or reject the application and in case of rejection of application, he shall record the reasons in writing and intimate the applicant.
6. Appeal. - (1) Any person, whose application is rejected under subsection (2) of Section 5 or who is not provided with the service within the stipulated time limit, may file an appeal to the first appeal officer within thirty days from the date of rejection of application or the expiry of the stipulated time limit:
Provided that the first appeal officer may admit the appeal after the expiry of the period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) The first appeal officer may order to the designated officer to provide the service within the period specified in the order or may reject the appeal.
(3) A second appeal against the decision of the first appeal officer shall lie to the second Appellate Authority within 60 days from the date on which the decision was made :
Provided that the second Appellate Authority may admit the appeal after the expiry of the period of 60 days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(4) (a) The second Appellate Authority may order to the designated officer to provide the service within such period as he may specify or may reject the appeal.
(b) The second Appellate Authority, may along with the order to provide services impose penalty according to the provisions of Section 7.
(5)(a) If the designated officer or the authorized officer as the case may be does not acknowledge the application under sub-section (1) of Section 5, then the applicant may submit an application directly to the first appeal officer. This application shall be disposed of in the manner of first appeal.
(b) If the designated officer does not comply with the order of providing the service under sub-section (2), then the applicant may submit an application directly to the second Appellate Authority. This application shall be disposed of in the manner of first appeal.
(6) The first appeal officer and second Appellate Authority shall while deciding an appeal under this section, have the same powers as are vested in civil court while trying a suit under the Code of Civil Procedure, 1908 (Act No. 5 of 1908) in respect of the following matters, namely :-
(a) requiring the production and inspection of documents;
(b) issuing summons for hearing to the designated officer and appellant; and
(c) any other matter which may be prescribed.
7. Penalty. - (1) (a) Where the second Appellate Authority is of the opinion that the designated officer has failed to provide service without sufficient and reasonable cause, then he may impose lump sum penalty which shall not be less than 500 rupees and not more than 5000 rupees.
(b) Where the second Appellate Authority is of the opinion that the designated officer has caused delay in providing the service, then he may impose a penalty at the rate of 250 rupees per day for such delay on the designated officer, which shall not be more than 5000 rupees :
Provided that the designated officer shall be given a reasonable opportunity of being heard before any penalty is imposed on him.
(2) Where the second Appellate Authority is of the opinion that the first appeal officer has failed to decide the appeal within the stipulated time limit without any sufficient and reasonable cause, then he may impose a penalty on first appeal officer which shall not be less than 500 rupees and not more than 5000 rupees :
Provided that the first appeal officer shall be given a reasonable opportunity of being heard before any penalty is imposed on him.
(3) The second Appellate Authority may order to give such amount as compensation to the appellant from the penalty imposed under sub-section (1) or (2) or both, as the case may be, which shall not exceed to the imposed penalty.
(4) The second Appellate Authority, if it is satisfied that the designated officer or the first appeal officer has failed to discharge the duties assigned to him under this Act without sufficient and reasonable cause, may recommend disciplinary action against him under the service rules applicable to him."
29. Under Section 3 of The Uttar Pradesh Janhit Guarantee Adhiniyam, 2011, the State Government has issued several notifications, namely (i) Notification No.2198/I-14-2010-33-(100)-2010-TC-III, dated 15.01.2011, (ii) Notification No.1884/I-14-2011-33(100)-2010-T.C.-1 dt. 19.09.2011 (iii) Notification No.375 - XCI - 2013, dated 27.11.2013, (iv) Notification No.438/91-09/2014 dated 26.12.2014, (v) Notification No.1/15-460-91-09-2014, dated 13.08.2015, (vi) Notification No.298/XCI-2017-194-2017, Dated Lucknow, June 30, 2017 (vii) Notification No.331/XCI-2017-194-2017, dated August 8, 2017, published in the U.P. Gazette, Extra., Part 4, Section (Kha), dated 8th August, 2017, (viii) Notification No.698/91 - 2017 dated 27.10.2017 and (ix) Notification No.717/91-2017 dated 31.10.2017, notifying fixed time periods for discharge of duties/ rendition of services by Government Officers/ employees of various departments, as under:-
"(i). Notification No.: 2198/1-14-2010-33-(100)-2010 T.C.-III, dt. 15.01.2011, published in the U.P. Gzzette, Extra., Part 4, Section (Kha), dated 15.01.2011 In exercise of the powers under section 3 of the Uttar Pradesh Janhit Guarantee Adhyadesh, 2011 (U.P. Ordinance, No.1 of 2011), the Governor is pleased to notify with immediate effect, the services, designated officers, first appeal officers, second Appellate Authority and stipulated time limits for services for services and for disposal of first appeal mentioned in the Schedule below:
Sl. No. Name of the Department Services Designated Officer Stipulated time limits for services First Appeal Officer Stipulated time limits for disposal of First Appeal Second Appellate Authority 1 2 3 4 5 6 7 8
1. Revenue Caste Certificate Income Certificate Domicile Certificate Uncontested Mutation of land Kishan Bahi (Original) Kisan Bahi (Duplicate copy) Tehsildar Tehsildar Sub-Divisional Magistrate Tehsildar Tehsildar Tehsildar 20 working days 20 working days 20 working days 45 working days 20 working days 20 working days Sub-Divisional Magistrate Sub-Divisional Magistrate District Magistrate Sub-Divisional Magistrate Sub-Divisional Magistrate Sub-Divisional Magistrate 30 working days 30 working days 30 working days 30 working days 30 working days 30 working days District Magistrate District Magistrate Divisional Commissioner District Magistrate District Magistrate District Magistrate
2. Nagar Vikas Uncontested Mutation of property in Nagar Nigam Area New connection of water supply in Nagar Nigam Area (where technically feasible) Birth/Death certificate in Nagar Palika Parishad/ Nagar Panchayat Area Birth/Death certificate in Nagar Nigam Area.
Zonal Officer of property in Nagar Nigam area Area Water Works Engineer of Nagar Nigam Areas Executive Officer of Nagar Palika Parishad/ Nagar Panchayat Zonal Officer/ Zonal Health Officer of Nagar Nigam Area 45 working days (from the date of depositing of mutation fee) 30 working days 45 working days 45 working days Municipal Commissioner General Manger Jal-Kal Sub-Divisional Magistrate Additional Municipal Commissioner 45 working days 30 working days 30 working days 30 working days Divisional Commissioner Municipal Commissioner District Magistrate Municipal Commissioner
3. Medical and Health Disability certificate Chief Medical Officer 60 working days Divisional Additional Director 90 working days Divisional Commissioner
4. Food and Civil Supply Issue of new A.P.L. Ration Card (Urban area) Issue of new A.P.L. Ration Card Area Rationing Officer/ District Supply Officer Block Development Officer 30 working days 30 working days District Magistrate Sub-Divisional Magistrate 30 working days 30 working days Divisional Commissioner District Magistrate
(ii) Notification No.1884/I-14-2011-33(100)-2010-T.C.-1 dt. 19.09.2011 Sl. No. Name of the Department Services Designated Officer Stipulated time limits for services First Appeal Officer Stipulated time limits for disposal of First Appeal Second Appellate Authority 1 2 3 4 5 6 7 8
5. Transport Issuance of duplicate copy of driving license Issuance of duplicate copy of conductor license Issuance of duplicate copy of Registration Certificate Issuance of duplicate copy of Permit.
Licensing Authority Licensing Authority Registering Authority Secretary, Regional Transport Authority 07 working days 07 working days 07 working days 07 working days Regional Transport officer of the region concerned Regional Transport officer of the region concerned Regional Transport officer of the region concerned Deputy Transport Commissioner of the zone concerned 45 working days 45 working days 45 working days 45 working days Divisional Commissioner Divisional Commissioner Divisional Commissioner Divisional Commissioner
(iii) Notification No.375/91-2013, dt.27.11.2013 Sl. No. Name of the Departments Service No. Subject Time limit for disposal From the date of Application First Appeal Second Appeal 1 2 3 4 5 6 7 6 For All Departments 10
(i) Decision on the Sanction of Pension.
(ii) Decision on the Sanction of G.P.F.
(iii) Decision on the Sanction Medical Leave.
(iv) Decision on the Medical reimbursement (after technical and inevitability scrutiny).
(v) Decision on the Sanction of Provisional Pension.
(vi) Decision on the Sanction of Earned Leave.
(vii) Decision on the Payment of salary.
(viii) Decision on the Confidential Entry.
(ix) Decision on the Assured Career promotion.
(x) Decision (in general matters) on the appointment of dependants of the deceased.
60 days 30 days 15 days 60 days 30 days 15 days 15 days 30 days 90 days 90 days 30 days 15 days 15 days 30 days 30 days 7 days 7 days 30 days 30 days 30 days 30 days 15 days 15 days 30 days 30 days 7 days 7 days 30 days 30 days 30 days 7 Power Department 4
(i) Decision on the new power connections:-
1. Decision on the new residential power connection.
2. Decision on the new commercial power connection.
(ii) Decision on the replacement of defunct metre.
(iii) Decision on the payment of compensation for electrical accidents.
4(iv)Decision on the replacement of burnt defunct transformers Urbans 30 days 30 days 30 days 30 days 7 days 15 days 30 days 15 days 15 days 7 days 15 days 30 days 15 days 15 days 7 days 8 Small Industries 1
(i) Decision on the inclusion of registration service 3 days 7 days 7 days 9 Labour Department 2
(i) Decision on the registration of labourers
(ii) Decision on the registration of establishment 60 days by Act 60 days by Act 15 days 15 days 15 days 15 days 10 Excise Department 4
(i) Decision on the supply of rectified spirit to school/college
(ii) Decision on the export of narcotic medicine (for disease)
(iii) Decision on the issuance of occasional Bar License
(iv) Decision on the issuance of sacramental wine 7 days 7 days 7 days 7 days 30 days 30 days 30 days 30 days 15 days 15 days 15 days 15 days 11 Education Department (Secondary Education) (Board of High School and Intermediate Education) 9
(i) Decision on the issuance of Original certificates
(ii) Decision on the issuance of duplicate certificate
(iii) Decision on the issuance of Original Marks Sheet
(iv) Decision on the issuance of duplicate Marks Sheet.
(v) Decision on the issuance of corrected Certificate
(vi) Decision on the issuance of corrected Marks Sheet
(vii) Decision on the disposal of cancelled examination result
(viii) Decision on the With-held results
(ix) Decision on the rectification of incomplete/wrong results 15 days 30 days 15 days 15 days 30 days 30 days 45 days 45 days 45 days 15 days 15 days 15 days 15 days 15 days 15 days 30 days 30 days 30 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 12 Medical and Health 8
(i)Decision on Medico-Legal Certificate(Injury)
(ii) Decision on Death Certificate for people dying in the hospital
(iii) Decision on Age Certificate
(iv) Decision on illness and fitness certificate
(v) Decision on registration of Nursing Home
(vi) Decision on the Immunization Certificate
(vii) Decision on the payment for unsuccessful Family Planning
(viii) Decision on the technical scrutiny and inevitability certificate for medical reimbursement 03 days 01 days 30 days 30 days 90 days 30 days 45 days 45 days 07 days 07 days 30 days 30 days 30 days 30 days 30 days 30 days 07 days 07 days 15 days 30 days 30 days 30 days 30 days 30 days 13 Women Welfare Department 4
(i) Decision on widow's Pension
(ii) Decision on legal assistance financial relief to women harassed for dowry
(iii) Marital Prize:-
(1) Decision on aid for marriage of widowed/helpless daughters, on marriage with widow
(iv) Decision on providing nutritions to teenage girls 30 days 30 days 30 days 30 days 30 days 30 days 30 days 30 days 30 days 30 days 30 days 30 days 14 Registration Department 1
(i) Decision on the return of registration papers 01 day 03 days 03 days 15 Public Works Department 3
(i) Decision on sending report under road side control
(ii) Registration of contractors:-
1. Decision on sending records for verification after having been provided by contractors
2. Decision on registration/renewal (According to the Registration Rules 1982) on receipt of all records after verification.
30 days 15 days 15 days 30 days 15 days 15 days 15 days 15 days 15 days 16 Weight and Measurement Department 6
(i) Decision on issuance of Manufacturer Permit for manufacturing instruments of weights and measurement for weighing and measuring
(ii) Decision on issuance of trader's permit for sales of instruments of weight and measurement for weighing and measuring
(iii) Decision on issuance of Repairer Permit for repair of instruments of weight and measurement for weighing and measuring
(iv) Decision on renewal of Manufacturer Permit for instrument of weight and measurement for weighing and measuring
(v) Decision on renewal of trader's Permit for instruments of weight and measurement for weighing and measuring
(vi) Decision on renewal of Repairer permit for instruments of weight and measurement for weighing and measuring 45 days 30 days 30 days 30 days 15 days 15 days 30 days 30 days 30 days 15 days 15 days 15 days 30 days 30 days 30 days 15 days 15 days 15 days 17 Social Welfare 5
(i) Decision on Old Age Pension
(ii) Decision on family Benefit Scheme
(iii) Decision on information of molestation Scheduled Caste/Scheduled Tribe
(iv) Decision on complaint of scholarship for Scheduled Caste/Scheduled Tribe
(v) Decision on Rani Laxmi Bai Pension Scheme 30 days 30 days 30 days 30 days 30 days 30 days 30 days 15 days 30 days 30 days 30 days 30 days 15 days 30 days 30 days 18 Animal Husbandry Department 1
(i) Decision on registration of cow sheds run by voluntary institutions (Non-Governmental Organizations) 07 day 30 days 15 days 19 Housing and Urban Planning Department 8
(i) Decision on approval of Map for Residential Building:-
1. Group Housing
2. Single Housing
(ii) Decision on approval of Map for non-Residential Building
(iii) Decision on Mutation of Properties
(iv) Decision on registration of properties
(v) Decision on the refund of deposit of allottee
(vi) Decision on the composition of the houses
(vii) Decision on rendering Plots/Houses (Except Nazul Land) into free hold
(viii) Decision on getting duplicate copy of orders 90 days 30 days 90 days 60 days 15 days 10 days 60 days 15 days 07 days 30 days 30 days 30 days 30 days 30 days 15 days 30 days 15 days 07 days 15 days 30 days 15 days 15 days 15 days 15 days 15 days 15 days 07 days 20 Agriculture Department 4
(i) Decision on issuance of Authority letter for sale of fertilizer
(ii) Decision on issuance of Authority letter of sale of seeds
(iii) Decision on issuance of License letter for Agriculture protection chemicals
(iv) Decision on providing result of soil testing 30 days 30 days 30 days 45 days 30 days 30 days 30 days 30 days 15 days 15 days 15 days 15 days 21 Technical Education 5
(i) Decision on the payment of pension/gratuity and other dues payable to teachers and non-teaching employees working in government aided polytechnic institutions
(ii) Decision on final payment of General Provident Fund dues to teachers and non-teaching employees working in government aided polytechnic institutions
(iii) Decision on providing Diploma certificates to students who studied in Polytechnic institutions and passed in the final year
(iv) Decision on the refund of caution money /security money of the students
(v) Decision on the declaration of results of Back Papers and scrutiny 60 days 30 days 90 days 30 days 60 days 30 days 30 days 30 days 30 days 30 days 30 days 15 days 15 days 15 days 15 days 22 Rural Development Department 1
(i) Decision on providing employment to unskilled labourers under Mahatma Gandhi National Rural Employment programme 15 day 07 days 07 days 23 Dairy Development Department 1 Decision on registration of Dairy committees 90 day 30 days 15 days 24 Horticulture Department 5
(i) Decision on registration of fruit Nurseries established in private sectors under the Uttar Pradesh fruit Nurseries (Regulation) Act 1976.
(ii) Decision on renewal of registration of nurseries
(iii) Decision on issuance of permit for construction of cold storages under the Uttar Pradesh Regulation of Cold Storages Act,1976
(iv) Decision on issuance of license for cold storage
(v) Decision on renewal of license for cold storage 45 days 25 days 25 days 25 days 12 days 15 days 25 days 25 days 25 days 25 days 15 days 15 days 15 days 15 days 15 days 25 Medical Education Department 4
(i) Decision on issuance of Medical Certificate (Allopathic System )
(ii) Decision on issuance of Medical Certificate (Ayurvedic System )
(iii) Decision on issuance of Medical Certificate (Homeopathic System)
(iv) Decision on registration of Doctors 7 days 7 days 7 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 15 days 26 Forest Department 2
(i) Decision on issuance of permission for felling trees on individual land of farmers
(ii) Decision on issuance of pass regarding carriage of forest produce 15 days 15 days 15 days 15 days 15 days 15 days 27 Handloom and Village industries Department 2
(i) Decision on sending applications for financial aid from Banks (Chief Minister's village industries Employment scheme)
(ii) Decision on Benefits of interest on gratuity (Grant) (Chief Minister's Village Industries Employment Scheme) 15 days 15 days 7 days 7 days 7 days 7 days 28 Education Department (Higher Education) 4
(i) Decision on verification of certificates and degrees of educational institutions of the state
(ii) Decision on providing Marks sheet after declaration of examination result in the Universities
(iii) Decision on sending report of District Administration before issuance of No Objection Certificate regarding the opening of new Degree Colleges
(iv) Decision on distribution of certificate of National Service Scheme to the students 02 days 45 days 30 days 30 days 02 days 30 days 30 days 15 days 02 days 15 days 15 days 15 days 29 Commercial Tax Department 7
(i) Decision on issuance of Duplicate copy of Registration Certificate
(ii) Decision on the correction Registration Certificate
(iii) Decision on issuance of forms prescribed in VAT Rules /Entry Tax Rules/Central Tax Rules
(iv) Decision on issuance of No dues certificates
(v) Decision on disposal of applications for registration
(vi) Decision on the application of provisional Refund of Exporters
(vii) Decision on the clearance Refund created by Tax Assessment order/Appellate order.
15 days 30 days 07 days 07 days 30 days 30 days 30 days 15 days 15 days 07 days 07 days 30 days 30 days 30 days 15 days 15 days 7 days 7 days 30 days 15 days 15 days 30 Entertainment Tax Department 7
(i) Decision on the permission for approval of Cinema site/construction of cinema hall proposed under rule 3 of the Uttar Pradesh Cinematograph Rules, 1951
(ii) Decision on issuance of license and its renewal under rule 9 of the Uttar Pradesh Cinematograph Rules, 1951
(iii) Decision on grant of temporary cinema license under Rules (1)/27(2) of the Uttar Pradesh Cinematograph Rules, 1951
(iv) Decision on grant of license to Permanent Video cinema and its renewal under rule 12 of the Uttar Pradesh Cinematograph(by Video Display)Rules, 1988
(v) Decision on grant of license to temporary video cinema and its renewal under rule 15 of the Uttar Pradesh Cinematograph (by Video Display ) Rules, 1988
(vi) Decision on the refund of adjustment of additional deposits under rules 28, 29, 30 and 31 of the Uttar Pradesh Entertainments and Betting Tax Rules, 1981
(vii) Decision on the refund of the security deposited under rule 34 of the Uttar Pradesh Entertainments and Betting Tax Rules, 1981 90 days 45 days 15 days 30 days 15 days 15 days 30 days 30 days 30 days 30 days 30 days 30 days 30 days 30 days 30 days 30 days 30 days 30 days 30 days 30 days 30 days 31 Home Department (Police) 15
(i) Decision on verification of forms/application received from passport office
(ii) Decision on character Verification (Police Verification Report, Military Verification Report, Private Verification Report)
(iii) Decision on character verification (for contractors)
(iv) Decision on scrutiny/sanction of Application for renewal of Arms license
(v) Decision on providing certified copy of post-mortem report and other relevant records
(vi) Decision on compounding on challan under 34 Police Act, Motor Vehicle Act
(vii)Decision on recommendation/permission for organizing peaceful public function meeting and holding march/procession
(viii)Decision on no objection/recommendation for license for fire-crackers:-
1. For manufacturing
2. For storage
3.For sale
4. For temporary sale
(ix) Decision on receipt and disposal of application received at the Police Station
(x) Decision on disposal of complaint letters regarding medical checkup/ treatment and economic and physical exploitation in jails
(xi) Decision on providing certificate for the period of detention in jails and the work learnt therein
(xii) Decision on providing no objection certificate by fire Services:-
1. For organizing public functions
2.For other purpose
(xiii) Decision on assessment of damages due to fire
(xiv) Decision on recommendation/permission for film shooting
(xv) Decision by the state Railway Police on compounding challan of vehicles parked in No parking zone within its jurisdiction.
15 days 15 days 15 days 15 days 05 days 02 days 01 day 15 days 15 days 15 days 07 days 07 days 01 day 07 days 02 days 15 days 07 days 10 days 02 days 05 days 05 days 05 days 05 days 05 days 02 days 01 day 05 days 05 days 05 days 03 days 05 days 01 day 05 days 02 days 05 days 03 days 05 days 02 days 05 days 05 days 05 days 05 days 05 days 02 days 01 day 05 days 05 days 05 days 03 days 05 days 01 day 05 days 02 days 05 days 03 days 03 days 02 days Uttar Pradesh Shasan Lok Sewa Prabandhan Vibhag In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of notification no.438/91-09/2014 dated, December 26, 2014.
(iv) Notification No.438/91-09/2014, Lucknow: Dated, December 26, 2014 In exercise of the powers under section-3 of the Uttar Pradesh Janhit Guarantee Adhiniyam, 2011 (U.P. Act no.3 of 2011) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no.1 of 1904) the Governor is pleased to make with effect from the date of publication of this notification in the Gazette the following amendment in Government notification no.2198/I-14-2010-33-(100)-2010 T.C.III, dated January 15, 2011 as amended from time to time:-
Amendment In the aforesaid notification, in the Schedule, after entries at serial no.31 the following entries shall column wise be inserted, namely:-
Sl. No. Name of Department No. of service Subject Time Limit for disposal From the date of application First Appeal Second Appeal 1 2 3 4 5 6 7 32 Industrial Development Department (Electrical Safety Directorate) 02 I. Application for Inspection for Medium/High/Extra High Voltage Installation (A) 400 KVA (B) 400-5000 KVA (C) 5000-10000 KVA (D) More than 10000 KVA 30 days 20 days 15 days II. Application for Inspection of Installation of Generating Set (A) 400 KVA (B) 400-5000 KVA (C) 5000-10000 KVA (D) More than 10000 KVA 30 days 20 days 15 days 33 Industrial Development Department (Uttar Pradesh Pollution Board) 04 I. Consent to establish industry (NOC) 120 days 60 days 30 days II. Application for Consent for Emission U/S-21 of Air (Prevention and Control of Pollution) Act, 1981.
120 days 60 days 30 days III. Application for Consent to Discharge U/S-25/26 of water (Prevention and Control of Pollution) Act, 1974.
120 days 60 days 30 days IV. Application for Authorization/Renewal of Authorization for Collection/Reception/Treatment/Storage/Disposal of Hazardous Wastes Under Environment Protection Act, 1986 as amended.
120 days 60 days 30 days 34 Industrial Development Department (Directorate of Factories U.P.) 02 (1) Application for Building Plan Approval and issue of Certificate for Stability of Building under the Factories Act, 1948
(a) General
(i) Non Hazardous factory having manpower upto 50 workers 30 days 15 days 15 days
(ii) Above 51 workers 45 days 30 days 15 days
(b) Hazardous 90 days 30 days 15 days
(c) Major Accident Hazard Factories 90 days 30 days 15 days (2) Notice/Application of occupation for Registration and Grant or Renewal of Licence before Construction of the Factory Building
(a) General
(i) Upto 50 Workers 30 days 15 days 15 days
(ii) Above 51 Worker 45 days 30 days 15 days
(b) Hazardous 30 days 30 days 15 days
(c) Major Accident Hazard Factories 30 days 30 days 15 days By Order (S.N. Shukla) Principal Secretary
(v) Noti. No.1/2015-460-91-09-2014, dated August 13, 2015, published in the U.P. Gazette, Extra., Part 4, Section (Kha), dated 13th August, 2015, P.2 [A.P. 434] In exercise of the powers under Section 3 of the Uttar Pradesh Janhit Guarantee Adhiniyam, 2011 (U.P. Act No.3 of 2011) read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No.1 of 1904), the Governor is pleased to make with effect from the date of publication of this notification in the Gazette, the following amendment in Government Notification No.2198/I-14-2010-33-(100)-2010 T.C.III, dated January 15, 2011 (2011-LLT-V-238[117]), as amended from time to time-
AMENDMENT In the aforesaid notification, in the Schedule, after entries at Serial No.34, the following entries shall columnwise be inserted, namely-
Sl. No. Name of Department No. of service Subject Time Limit for disposal 1 2 3 4 5 6 7 35 Stamp and Registration Department 1 Payment of money on request for refund of Stamp Paper Thirty days Thirty days Thirty days
(vi) No.298/XCI-2017-194-2017 IN pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of notification no.298/XCI-2017-194-2017, dated June 30,2017:
No.298/XCI-2017-194-2017 Dated Lucknow, June 30,2017 IN exercise of the powers under section 3 of the Uttar Pradesh Janhit Guarantee Adhiniyam, 2011 (U.P. Act no.3 of 2011) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no.1 of 1904), the Governor is pleased to make the following amendment in Government notification no.2198/1-14-2010-33(100)-2010 T.C.-III dated January 15, 2011 as Amendment from time to time.
AMENDMENT In the aforesaid notification in the Schedule after entries 35 the following entries shall with effect from the date of issuance of this notification, be inserted namely :-
SCHEDULE Sl. No. Name of the Departments Service No. Subject Time limit for disposal Amendment From the date of Application First Appeal Second Appeal From the date of Application First Appeal Second Appeal 01 02 03 04 05 06 07 08 09 10 36 Education Department (Higher Education) 04
(i) Decision on the verification of certificates and degrees of educational institutions of the state 02 days 02 days 02 days 02 days 02 days 02 days
(ii) Decision on providing Marks sheet after declaration of examination result in the Universities 45 days 30 days 15 days 30 days 15 days 10 days
(iii) Decision on sending report of District Administration before issuance of no Objection Certificate regarding the opening of new Degree Colleges 30 days 30 days 15 days 20 days 20 days 10 days
(iv) Decision on distribution of certificates of National Service Scheme to the students 30 days 15 days 15 days 20 days 10 days 10 days 37 Nagar Vikas 04
(i)Uncontested mutation of property in nagar nigam area 45 days 45 days 45 days 45 days 45 days 45 days
(ii) New connection of water supply in nagar nigam area (Where technically feasible) 30 days 30 days 30 days 15days 15days 30 days
(iii)Birth/Death certificate in nagar palika parishad/Nagar Panchayat Area 45 days 30 days 30 days 15days 15days 30 days
(iv) Birth/Death certificate in nagar nigam area 45 days 30 days 30 days 15days 15days 30 days 38 Weight and measurement department 06
(i) decision on issuance of manufacturer permit for manufacturing instruments of weights and measurement for weighing and measuring 45 days 30 days 30 days 30 days 30 days 15days
(ii) decision on issuance of trader's permit for sales of instruments of weights and measurement for weighing and measuring 30 days 30 days 30 days 30 days 30 days 15days
(iii) decision on issuance of repairer permit for repair of instruments of weights and measurement for weighing 30 days 30 days 30 days 30 days 30 days 15days
(iv) decision on renewal of manufacturer permit for instruments of weights and measurement for weighing and measuring 30 days 15 days 15 days 30 days 15 days 15days
(v) decision on renewal of trader's permit for instruments of weights and measurement for weighing and measuring 15 days 15 days 15 days 15days 15 days 15days
(vi) decision on renewal of repairer permit for instruments of weights and measurement for weighing and measuring 15 days 15 days 15 days 15days 15 days 15 days 39 Animal Husbandry Department 01
(i) Decision on registration of cow sheds run by voluntary institutions (Non Governmental Organizations) 07 days 30 days 15 days 07 days 20 days 15 days 40 Handloom and village Industries Department 02
(i) decision on sending applications for financial aid from banks (Chief Minister's village industries Employment scheme) 15 days 07 days 07 days 14 days 06 days 07 days
(ii) decision on benefits of interest on Gratuity grant (Chief Minister's village industries Employment scheme) 15 days 07 days 07 days 14 days 06 days 07 days By order S.N. SHUKLA Upper Mukhya Sachiv
(vii) Notification No.331/XCI-2017-194-2017, dated August 8, 2017, published in the U.P. Gazette, Extra., Part 4, Section (Kha), dated 8th August, 2017, p.2 [A.P. 228] In exercise of the powers under Section 3 of the Uttar Pradesh Janhit Guarantee Adhiniyam, 2011 (U.P. Act No.3 of 2011) read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No.1 of 1904), the Governor is pleased to make the following amendment in Government Notification No.2198/1-14-2010-33(100)-2010 T.C.-III, dated January 15, 2011 (2011-LLT-V-68[40]), as amended from time to time.
AMENDMENT In the aforesaid notification, in the Schedule after entries at Serial No.40, the following entries shall with effect from the date of issuance of this notification, be inserted, namely-
SCHEDULE Sl. No. Name of Departments Service No. Subject Time limits for disposal Amendment From the date of Application First Appeal Second Appeal From the date of Application First Appeal Second Appeal 1 2 3 4 5 6 7 8 9 10 41 Excise Department 4
(i) Decision on the supply of rectified spirit to school/college 7 days 30 days 15 days 5 days 15 days 15 days
(ii) Decision on the export of narcotic medicine (for disease) 7 days 30 days 15 days 5 days 15 days 15 days
(iii) Decision on the issuance of occasional Bar Licence 7 days 30 days 15 days 5 days 15 days 15 days
(iv) Decision on the issuance of sacramental wine 7 days 30 days 15 days 5 days 15 days 15 days
(viii) Notification No.698/XCI-2017 In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of Notification No.698/XCI-2017 dated October 27, 2017:
Notification No.698/XCI-2017 Dated Lucknow, October 27, 2017 IN exercise of the powers under section-3 of the Uttar Pradesh Janhit Guarantee Adhiniyam, 2011 (U.P. Act no.3 of 2011) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no.1 of 1904), the Governor is pleased to make with effect from the date of publication of this notification in the Gazette, the following amendments in Government notification no.2198/1-14-2010-33-(100)-2010 T.C.-III, dated January 15, 2011 as amended from time to time.
Amendment In the aforesaid notification in the Schedule after entries at serial no.41, the following entries shall with effect from the date of issuance this notification columnwise be inserted, namely:-
SCHEDULE Sl. No. Name of the Departments Services Designated Officer Stipulated time limits for services First Appeal Officer Stipulated time limits for disposal of First Appeal Second Appellate Authority Stipulated time limits for disposal of Second Appeal officer 1 2 3 4 5 6 7 8 9 42 Food Safety and Drug Administration Departments 1-New Manufacturing licence for the manufacture of Allopathic/ Homoeopathic/ Cosmetics and Blood Bank & their renewal (A) Grant of Manufacturing Licence by State Licensing Authority (B) Manufacturing Liences countersigned by Central Licensing Approving Authority 2-Manufacturing Licence for Additional Categories of Drugs and Cosmetics and Processing of blood components A-Grant of Manufacturing by State Licensing Authority (B) Manufacturing Licences countersigned by Central Licensing Approving Authority Drug Licensing and Controlling Authority Drug Licensing Controlling Authority 30 working days 30 working days 30 working days 30 working days Additional Commissioner (Administration) Additional Commissioner (Administration) 15 working days 15 working days 15 working days 15 working days Commissioner Commissioner 15 working days 15 working days 15 working days 15 working days 3-Licence for Manufacture of Drugs for test and analysis Drug Licensing and Controlling Authority 15 working days Additional Commissioner (Administration) 15 working days Commissioner 15 working days 4-Permission for manufacture of additional drug items A-Grant of Manufacturing Licence by State Licensing Authority B-Manufacturing Licenses countersigned by Central Licensing Approving Authority Drug Licensing and Controlling Authority 15 working days 30 working days Additional Commissioner (Administration) 15 working days 30 working days Commissioner 15 working days 30 working days 5-Grant of GMP/WHO-GMP Certificates and Extention of its validity A-Grant of Manufacturing License by State Licensing Authority B-Manufacturing Licenses countersigned by Central Licensing Approving Authority Drug Licensing and Controlling Authority 7 working days 30 working days Additional Commissioner (Administration) 7 working days 30 working days Commissioner 7 working days 30 working days 6-Issuance of following certificates A-Non-conviction Certificates B-Free Sale Certificates C-Validity Certificates D-Performance Certificates E-Neutral Code number Drug Licensing and Controlling Authority 7 working days Additional Commissioner (Administration) 7 working days Commissioner 7 working days 7-Grant of Wholesale/ Retail drug sale licences and their renewal Drug Licensing Authority (Sale)/ Asstt. Commissioner (Drug) 15 working days Drug Licensing and Controlling Authority 15 working days Additional Commissioner (Administration) 15 working days
8.Grant of Licence for Food products Designated Officer 30 working days Asstt. Commissioner (Food) Division 15 working days Additional Commissioner (Administration) 15 working days 9-Registration of Food Products Food Safety Officer 15 working days Chief Food Safety Officer 15 working days Designated Officer 15 working days 43 Nagar Vikas 1-Uncontested Mutation of Taxable Property in Nagar Nigam Area (A) Nagar Nigam-Officer Authorized by Municipal Commissioner for the Mutation (B) Nagar Palika Parishad/ Nagar Panchayat executive officer/ Authorised Officer 45 working days 45 working days Additional Municipal Commissioner/ Joint Municipal Commissioner Authorized by Municipal Commissioner Sub-Divisional Magistrate 30 working days 30 working days Municipal Commissioner District Magistrate 30 working days 30 working days 2-New connection of Water and Sewer in Urban Local body Area (Where technically feasible) (A) Nagar Nigam-Water works Engineer of the Area/ Executive Engineer (JAL) (B) Nagar Palika Parishad/ Nagar Panchayat Water works Engineer 30 working days 30 working days General Manager (water works) Sub-Divisional Magistrate 30 working days Municipal Commissioner District Magistrate 30 working days 30 working days 3-Birth/Death certificate in Nagar Palika Parishad/ Nagar Panchayat Area (A) Nagar Nigam-Officer Authorized by Municipal Commissioner for the Registration of Birth & Death/ Municipal Health Officer (B) Nagar Palika Parishad/ Nagar Panchayat executive officer/ Health Officer 30 working days 30 working days Additional Municipal Commissioner/ Municipal Joint Commissioner Authorized by Municipal Commissioner Sub-Divisional Magistrate 30 working days 30 working days Municipal Commissioner District Magistrate 30 working days 30 working days 4-Licenses (A) Nagar Nigam-Officer Authorized by Municipal Commissioner for Licensing (B) Nagar Palika Parishad/ Nagar Panchayat Executive officer/ Authorised Licensing Officer 20 working days 20 working days Additional Municipal Commissioner/ Joint Municipal Commissioner Authorized by Municipal Commissioner Sub-Divisional Magistrate 30 working days 30 working days Municipal Commissioner District Magistrate 30 working days 30 working days 44 Finance Department (Registrar, firms, Societies and Chits) 1-Registration 2-Renewal 3-Society Copy 4-Firm Registration 5-Firm Copy 6-Chit Registration & Chit Group Registration Assistant Registrar/ Deputy Registrar Assistant Registrar/ Deputy Registrar Assistant Registrar/ Deputy Registrar Assistant Registrar/ Deputy Registrar Assistant Registrar/ Deputy Registrar Assistant Registrar/ Deputy Registrar 30 working days 60 working days One week 30 working days 7 days for General 30 working days Deputy Registrar (Head Quarter) Deputy Registrar (Head Quarter) Deputy Registrar (Head Quarter) Deputy Registrar (Head Quarter) Deputy Registrar (Head Quarter) Deputy Registrar (Head Quarter) 15 working days 15 working days One day for Urgent three days for semi Urgent six days for General 15 working days 6 days for General 15 working days Registrar Registrar Registrar Registrar Registrar 15 working days 15 working days One day for Urgent three days for semi Urgent six days for General 15 working days 6 days for General 15 working days 45 Department of Vocational Education and Skill Development 1-Return of original mark sheet/ certificate of trainees undergoing training in Govt. I.T.I.
2-Sanction of medical leave of trainees undergoing training in Govt. I.T.I.
3-Issue of Examination result based mark sheet cum character certificate 4-Issue of certificate to passed out trainees 5-Issue of transfer certificate 6-issue of duplicate mark sheet 7- issue of duplicate certificate 8- issue of revised mark sheet 9-issue of revised certificate 10-Declaration of scrutiny result 11-Return of caution money Foreman/ Admission In-charge Principal Principal Principal Principal Asst. Director SCVT Asst. Director SCVT Asst. Director SCVT Asst. Director SCVT Asst. Director SCVT Principal 15 working days 15 working days 15 working days 30 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days Principal Regional Joint Director Regional Joint Director Regional Joint Director Regional Joint Director Joint Director SCVT Joint Director SCVT Joint Director SCVT Joint Director SCVT Executive Director SCVT Regional Joint Director 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days Regional Joint Director Director Training & Employment Executive Director SCVT Director Training & Employment Director Training & Employment Executive Director SCVT Executive Director SCVT Executive Director SCVT Executive Director SCVT Executive Director SCVT Director Training & Employment 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 46 Industrial Development departmental 1-(Yamuna Expressway) 1-Land Allotment letters 2-Land of mutation after death of allotee 3-issue of Activated certificate 4-Sanctions of surrender certificates 5-Issue of no dues certificate 6-Approval of industrial Plot 7-issuance of completion, certificate 8-Drinking Water/ Sewer connection Manager (Industries) Manager (Industries) Manager (Industries) Manager (Industries) Manager (Industries) General Manager (Planning) General Manager (Planning) General Manager (Project)/ Dy/G.M./(Project) 21 working days 90 working days 30 working days 30 working days 25 working days 15 working days upto 4000 Sqm. 30 working days 40000 sqm. above 90 working days 15 working days ACEO ACEO ACEO ACEO G. Manager (Finance) Additional Chief Ex. Officer Additional Chief Ex. Officer Additional Chief Ex. Officer 10 working days 30 working days 15 working days 15 working days 15 working days 15 working days 20 working days 10 working days CEO CEO CEO CEO CEO Chief. Ex. Officer Chief. Ex. Officer Chief. Ex. Officer 7 working days 15 working days 15 working days 15 working days 10 working days 15 working days 10 working days 10 working days 2-Picup 1-Providing Financial benefits to industrial enterprises under investment & employments promotion policy 2017 Jt. Managing Director 30 working days Additional Managing Director 15 working days Managing Director 7 working days 47 Agriculture 1-Seed Availability in Kharif, Rabi, and Zaid 2-Fertilizer- Availability in Kharif, Rabi, and Zaid 3-Plant Protection Chemicals- Availability in Kharif, Rabi, and Zaid 4-Crop Insurance 5-D.B.T.-Seed 6-D.B.T.-Fertilizer 7-D.B.T. Plant Protection Chemicals 8-D.B.T.- Agriculture Implement 9-D.B.T.- Plant Protection Implement District Agriculture Officer District Agriculture Officer Plant Protection officer District Level Deputy Director Agriculture District Agriculture Officer District Agriculture Officer Plant Protection Officer Sub Divisional Agriculture Extension Officer Plant Protection Officer 30 working days 30 working days 30 working days 30 working days 30 working days 30 working days 30 working days 30 working days 30 working days District Level Deputy Director Agricultural District Level Deputy Director Agricultural District Level Deputy Director Agriculture (PP) Divisional Joint Director Agriculture District Level Deputy Director Agriculture District Level Deputy Director Agriculture District Level Deputy Director Agriculture District Level Deputy Director Agriculture District Level Deputy Director Agriculture 30 working days 30 working days 30 working days 30 working days 30 working days 30 working days 30 working days 30 working days 30 working days Divisional Joint Director Agriculture Divisional Joint Director Agriculture Divisional Joint Director Agriculture Joint Director Agriculture (Statistics) Divisional Joint Director Agriculture Divisional Joint Director Agriculture Divisional Joint Director Agriculture Divisional Joint Director Agriculture Divisional Joint Director Agriculture 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 48 Weight and Measurement Department (Department of Legal Metrology U.P. Lucknow) 1-Registration of Name and Address of Manufacturer/ Packer/ Importer of Packaged Commodities 2-Verification/ Re-Verification of Weight-Measures and Weighing and Measuring Instruments A-Verification/ Re-Verification of Weight-Measures and Weighing and Measuring Instruments, produced in the office or camp timely for verification/ reverification B-Weight Measures and Weighing and Measuring instruments which cannot/ should not be displaced from its location, as-
1- Verification/ Re-Verification of petrol/ diesal pump 2- Verification/ Re-Verification of flow meters 3- Verification/ Re-Verification of auto rickshaw/ Taxi fare meter 4- Verification/ Re-Verification of LPG/CNG Dispensers 5- Verification/ Re-Verification of Storage Tanks Controller, Legal Metrology, U.P.
Senior Inspector/ Inspector Legal Metrology Senior Inspector/ Inspector, Legal Metrology Senior Inspector/ Inspector, Legal Metrology Senior Inspector/ Inspector, Legal Metrology Senior Inspector/ Inspector, Legal Metrology Senior Inspector/ Inspector, Legal Metrology 30 working days 5 working days 15 working days 15 working days 07 working days 15 working days 15 working days Special Secretary Department of Consumer Protection and Weight and Measurement, Government of U.P.
Assistant Controller, Legal Metrology Assistant Controller, Legal Metrology Assistant Controller, Legal Metrology Assistant Controller, Legal Metrology Assistant Controller, Legal Metrology Assistant Controller, Legal Metrology 15 working days 5 working days 15 working days 15 working days 15 working days 15 working days 15 working days Secretary Department of Consumer Protection and Weight and Measurement, Government of U.P.
Controller, Legal Metrology Controller, Legal Metrology Controller, Legal Metrology Controller, Legal Metrology Controller, Legal Metrology Assistant Controller, Legal Metrology 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 49 Technical Education Department 1-Providing Transfer Certificate for Students of Polytechnic Institution 2-Providing Migration Certificate 3-Return of Caution Money 4- Providing Character Certificate 5- Decision on Pension/Gratuity Payment for Retired Employees of Aided Polytechnic 6-Decision on last payment of General Provident Fund Related to retired Employees of Aided Polytechnic Institutions 7-Decision on Providing Marksheet to Students of Polytechnic Institutions 8-Providing Diploma Certificate to Students of Polytechnic Institutions who Complete Education with Pass Result 9-Scrutiny Result Announcement for polytechnic Students 10- Black Paper Result Announcement 11- Correction of Marksheet errors for Student 12- Providing Provisional Diploma Certificate 13-Providing Duplicate Marksheet Institute Principal Deputy Director, Technical Education U.P. Kanpur Institute Principal Institute Principal Director Technical Education U.P. Kanpur Director Technical Education U.P. Kanpur Institute Principal Institute Principal Deputy Secretary,Board of Technical Education,U.P. Lucknow Deputy Secretary,Board of Technical Education,U.P. Lucknow Deputy Secretary,Board of Technical Education,U.P. Lucknow Deputy Secretary,Board of Technical Education,U.P. Lucknow Deputy Secretary,Board of Technical Education,U.P. Lucknow 7 working days 30 working days 30 working days 7 working days 30 working days 30 working days 15 working days 15 working days 30 working days 30 working days 15 working days 15 working days 15 working days Concerning Zone Joint Director,Technical Education Department Additional Director,Technical Education U.P.Kanpur Concerning Zone,Joint Director,Technical Education Department Concerning Zone,Joint Director,Technical Education Department Special Secretary,Technical Education U.P.
Special Secretary,Technical Education U.P.
Secretary,Board of Technical Education,U.P. Lucknow Secretary,Board of Technical Education,U.P. Lucknow Secretary,Board of Technical Education,U.P. Lucknow Secretary,Board of Technical Education,U.P. Lucknow Secretary,Board of Technical Education,U.P. Lucknow Secretary,Board of Technical Education,U.P. Lucknow Secretary,Board of Technical Education,U.P. Lucknow 7 working days 15 working days 15 working days 7 working days 15 working days 15 working days 15 working days 30 working days 15 working days 15 working days 15 working days 15 working days 15 working days Director, Technical Education U.P. Kanpur Director, Technical Education U.P. Kanpur Director, Technical Education U.P. Kanpur Director, Technical Education U.P. Kanpur Secretary/Principal secretary Technical Education U.P.
Secretary/Principal secretary Technical Education U.P.
Chairman,Board of Technical Education,U.P. Lucknow Chairman,Board of Technical Education,U.P. Lucknow Chairman,Board of Technical Education,U.P. Lucknow Chairman,Board of Technical Education,U.P. Lucknow Chairman,Board of Technical Education,U.P. Lucknow Chairman,Board of Technical Education,U.P. Lucknow Chairman,Board of Technical Education,U.P. Lucknow 7 working days 15 working days 15 working days 7 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days 15 working days
(ix) Notification No.717/XCI-2017, dated October 31, 2017 and published in the U.P. Gazette Extra., Part 4 Section (Kha), dated 31st October, 2017, pp. 5-9 [A.P. 559] In exercise of the powers under Section 3 of the Uttar Pradesh Janhit Guarantee Adhiniyam, 2011 (U.P. Act 3 of 2011) read with Section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act 1 of 1904), the Governor is pleased of make with effect from the date of publication of this notification in the Gazette, the following amendment in Government notification No.2198/1-14-2010-33(100)-2010 T.C.-III, dated January 15, 2011 (2011-LLT-V-68[40]) as amended from time to time.
AMENDMENT In the aforesaid notification in the Schedule after entries at Serial Number 49 of the following entries shall will effect from the date of publication of this notification in the Gazette column wise be inserted, namely-
SCHEDULE Sl. No. Name of the Departments Services Designated officer Stipulated time limits for Services First Appeal Officer Stipulated time limits for disposal of first Appeal Officer Second appellate authority Stipulated time limits for disposal of Second Appeal Officer 1 2 3 4 5 6 7 8 9 50 Labour Depatment Registration and renewal of establishments under U.P. Shop and Commercial Establishment Act, 1962 Labour enforcement officer 30 days Assistant Labour Commissioner 15 days Deputy Labour Commissioner 15 days 2-Registration of establishments under Contract Labour (Regulation and Abolition) Act, 1970 Regional Deputy/Assistant Labour Commissioner 30 days Additional Labour Commissioner, head quarter 15 days Labour Commissioner, U.P.
15 days 3-Licensing and renewal of License contractor under Contract Labour (Regulation and Abolition Act, 1970) Regional Deputy/Assistant Labour Commissioner 30 days Additional Labour Commissioner head quarter 15 days Labour Commissioner, U.P.
15 days 4-Registration of establishments and renewal of License of contractor under Inter State Migrant Workman Act, 1979 Regional Deputy/Assistant Labour Commissioner 30 days Additional Labour Commissioner, head quarter 15 days Labour Commissioner, U.P.
15 days 5-Approval of map for factories and approval of using building premises for the purpose of factories under Factories Act, 1948 Deputy/Assistant Director of factories 30 days Directors of factories 15 days Labour Commissioner, U.P.
15 days 50 Labour Department 6-Licensing of under Factories Act, 1948 Deputy/Assistant Director of Factories 30 days Director of Factories 15 days Labour Commissioner, U.P.
15 days 7-Renewal of License for factories under Factories Act, 1948 Deputy/Assistant Director of Factories 60 days Director of Factories 15 days Labour Commissioner, U.P.
15 days 8-Approval and renewal of Violer manufacturer under Voiler Act, 1923 Director of Voiler 30 days Labour Commissioner, U.P.
15 days Principal Secretary Labour 15 days 9-Approval and renewal of voiler erector under Voiler Act, 1923 Director of Voiler 30 days Labour Commissioner, U.P.
15 days Principal Secretary Labour 15 days 10-Registration and renewal of voiler under Voiler Act, 1923 Director of Voiler 30 days Labour Commissioner, U.P.
15 days Principal Secretary Labour 15 days 51 Industrial development department 1-(U.P.S.I.D.C.) 1-Industrial Land allotment Regional Manager 21 days Chief Manager (A-1) 30 days Manager Director 30 days 2-Industrial building map approval till 25 acres Regional Manager 15 days Incharge ATP 30 days Chief Executive Officer 30 days 3-Industrial building map approval more than 25 acres Regional Manager 30 days Incharge ATP 30 days Chief Executive Officer 30 days 2-(Greater Noida) 1-Land Allotment letters Deputy General Manager (Industries) 45 Working days ACEO 10 days CEO 7 working days 2-Land of mutation after death of allottee Deputy General Manager (Industries) 30 working days ACEO 30 working days CEO 15 days 51 2-(Greater Noida) 3-Issued of Activated certificate Deputy General Manager (Industries) 30 working days ACEO 15 working days CEO 15 working days 4-Sanctions of surrender certificates Deputy General Manager (Industries) 30 working days ACEO 15 working days CEO 15 working days 5-Issued of mortgage certificate Deputy General Manager (Industries) 30 working days ACEO 15 working days CEO 10 working days 6-Issued of No dues certificate Deputy General Manager (Industries) 30 working days G. Manager Finance 10 working days CEO 10 working days 7-Acceptance of map Deputy General Manager Planning 45 working days ACEO 21 working days CEO 21 working days 8-Surrender certificate Deputy General Manager Planning 70 working days ACEO 21 working days CEO 21 working days 9-Drinking water/sever connection General Manager/Deputy General Manager Project 15 working days ACEO 10 working days CEO 10 working days 3-(Noida) 1-Issue of allotment letter to eligible applicants after closure of scheme Head of Department at present Officer of Special Duty 1-45 Working days of plots area measuring up to five acres 2-21 working days of plots area measuring above five acres Deputy Chief Executive Officer or Equivalent 30 working days Additional Chief Executive officer 45 working days 2-Map sanction (construction permit) CAP 1-Residential plots up to 450 sq. m. same day Deputy CEO or Equivalent Officer 30 working days ACEO 45 working days 51 3-(Noida) 2-More than 450 sq. m. 60 days 3-Industrial plots up to 1000 sq. m. (deemed sanction) 4-All other category 60 days Revised time limit a-up to 1000 sq. m. (Instant sanction) b-above 2500 sq.m. up to 40,000 sq. m. (15 days) c-above 40000 sq.m. (30 days) 3-Completion/Occupancy Certificate CAP All category 90 days Deputy CEO or Equivalent Officer 30 working days ACEO 45 working days
30. Sections 4 and 5 of The Uttar Pradesh Janhit Guarantee Adhiniyam, 2011, mandates that the designated officer to acknowledge the applications and either to provide the services within the stipulated time or to reject the application recording reasons in writing and intimate it to the applicant. Section 6 of the Adhiniyam 2011 provides for appeal within 30 days before the first appeal officer and thereafter, a second appeal within 60 days before the second appellate authority. Under sub-section (5) of Section 6 of the Adhiniyam, an application may be submitted directly to the first appeal officer in the event the designated officer or the authorised officer, as the case may be does not acknowledge the application under sub-section (1) of Section 6. Under clause (b) of sub-section (5) of Section 6 of the Adhiniyam, an application may be submitted directly to the second appellate authority in the event the designated officer does not comply with the order of providing service.
31. Power to impose penalty has been conferred only upon the second appellate authority under Section 7 of the Adhiniyam, 2011. Sub-Section (1) provides for a lump sump penalty being minimum Rs.500/- and maximum Rs.5000/- by the second appellate authority in the event of failure of the designated officer to provide service without sufficient and reasonable cause. Sub-section (2) has conferred power upon the second appellate to impose penalty of not less than Rs.500/- and not more than Rs.5000/- in the event the first appeal officer has failed to decide the appeal within the stipulated time limit without any sufficient and reasonable cause. Sub-section (3) empowers the second Appellate Authority to grant compensation to the Appellant not exceeding the penalty imposed under sub-Section (1) and Sub-Section (2). Sub-section (4) confers power upon the second appellate authority to recommend disciplinary action against the designated officer or the first appeal officer where designated officer or first appeal officer has failed to discharge duties under the Act.
32. Affidavits filed by the Chief Secretary and the Additional Chief Secretary show that no penalty under Section 7 of the Adhiniyam has been imposed so far either upon any designated officer or upon any first appeal officer in any matter covered by Notifications under Section 3 of the Adhiniyam 2011. This shows that the officers and employees of various departments of the State Government have no will to implement provisions of the Adhiniyam 2011 and which could not achieve any result so far.
33. The sufferer of the high-handedness and inaction of the government officers and employees, are ordinary citizen or a common man who is hardly equipped to match the might of the State or its instrumentalities. Sovereignty vests in the people. Every limb of the constitutional machinery is obliged to be people oriented. Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behaviour. Servants of the government are in fact servants of the people. Therefore, the use of their power must always be subordinate to their duty of service. If a public functionary acts maliciously or oppressively and the exercise of power results in harassment and agony then it is not an exercise of power but it is abuse of power for which the law does not protect them and they must suffer. Harassment of a common man by public authorities is socially abhorring and legally impermissible which not only causes harm to him individually but also causes more grievous injury to the society.
34. The provisions of Adhiniyam 2011 have limited application. It does not operate against higher rank officers including the officers at the Government level. It also does not have any inbuilt mechanism for monitoring timely disposal of applications by the designated officer and appeals by the first appeal officer or the second appellate authority under Sections, 3, 4, 5 and 6 of the Adhiniyam, 2011. Apart from usual protection under Section 9, the officers and employees have been protected from penal action under Section 7 of the Adhiniyam, 2011 on the ground of "sufficient and reasonable cause" for failure to provide service. No guidelines have been provided under the Adhiniyam or the Rules for "sufficient and reasonable cause". There is need to provide more effective provisions and to implement the provisions in more potent and fruitful manner as has also been expressed by the Chief Secretary in para-7 and 14 of his affidavit dated 14.12.2017 which shall not only compensate the individuals and satisfy them personally but shall also help in curing social evil and the prevailing situation of frustration amongst people which erodes the credibility in the system.
Conclusion:-
35. In view of the above discussion, the writ petition is allowed with costs of Rs.5000/- which shall be paid by the State-respondents to the petitioner within one month. The petitioner shall also be entitled for simple interest @ 8% per annum on delayed payment of pension/ family pension, in terms of the judgment of this court dated 17.01.2011 in Writ-A No.3925 of 2006 (Shyam Lal and others vs. State of U.P. and others) quoted in para-7 above. Since order for pension has now been passed by the State authorities, therefore, no further order is required to be passed at this stage. Considering the prevailing grave situation of helplessness of ordinary citizen, following directions are issued:-
(i) The State Government shall immediately take effective steps to make the Adhiniyam, 2011, more effective and powerful and shall immediately take all possible steps to implement it particularly in the light of the aforequoted averments made in paras-7 and 14 of the affidavit of the Chief Secretary dated 14.12.2017 that The Adhiniyam, 2011 has been enacted by the State to protect its own people from arbitrary action or inaction of the authorities and employees coupled with their accountability AND that the Government is committed to make the Adhiniyam, 2011 more effective and powerful, and will implement penalty provision of the Adhiniyam in more potent and fruitful manner.
(ii) Every designated officer under Section 3, every first appeal officer and every second appellate authority under Section 6 of the Adhiniyam, 2011 shall compulsorily maintain regularly the register under Rule 16 of the Uttar Pradesh Janhit Guarantee Rules, 2011. Failure to do so shall be treated as dereliction in duty and accordingly disciplinary proceeding shall immediately be initiated against the officer by the Competent Authority.
(iii) As early as possible preferably within three months, the State Government shall introduce a system to ensure that within the time stipulated for services provided in the notifications under Section 3, message through electronic medium shall be send by the concerned designated officer/ first appeal officer/ second appellate authority to every applicants on their mobile number giving status of their applications/ appeals and in case of rejection or non-disposal thereof, the Applicants/ Appellants shall also be apprised of their right of appeal under Section 6 of the Adhiniyam, 2011.
(iv) As early as possible, the State Government shall develop mechanism preferably by e-governance for regular monitoring of applications and appeals pending beyond the stipulated time limit and facility for tracking of Applications/ Appeals by Applicants/ Appellants. Till this is done, monthly status report of all applications and appeals pending beyond the stipulated time limit under Sections 3 and 6 of the Adhiniyam, 2011, shall be submitted in the first week of the following month by each designated officer, the first appeal officer and the second appellate authority to the State Government or to an officer/ officers authorised by it who shall ensure that necessary action is taken immediately.
(v) The Chief Secretary of the Government of U.P. and the Principal Secretary of Lok Sewa Prabhandan Vibhag shall send copies of this order to all the District Magistrates in the State of Uttar Pradesh for apprising the Employees' Associations, Bar Associations including Tehsil Bar Associations, Trade Associations, Labour/ Trade Unions and other Associations of people, for awareness about right of people to receive notified services within stipulated time and the provisions of Appeal and Penalty under the Adhiniyam, 2011.
(vi) The State Government shall ensure that within three months, the relevant portion of the Notifications under Section 3 of the Adhiniyam 2011 relating to each notified department along with provisions of appeal under Section 6 and penalty under Section 7 of the Adhiniyam, 2011, are displayed in Hindi at appropriate places easily accessible to public in the campus of concerned offices, for awareness amongst people about their right to receive notified services within stipulated time.
36. Let a copy of this order be sent by the Registrar General of this Court to the Chief Secretary of the Government of Uttar Pradesh to ensure compliance of the directions given above.
Order Date :- 31.08.2018 NLY