Petition in Allahabad HC against UP Assembly principal secretary’s appointment, tenure

A petition has been filed in the Allahabad High Court against the appointment of Uttar Pradesh Assembly Principal Secretary Pradeep Kumar Dubey and his continuation in the office beyond the prescribed retirement age. The matter came up before Justice Jaspreet Singh, who recused himself from hearing the case, and directed that it be placed before another bench.

The Lucknow bench of the court ordered that the petition be listed after fresh nomination by the Chief Justice or the concerned senior judge. The petition was filed by Karmesh Pratap Singh, a former Information Officer to the Speaker of the Uttar Pradesh Legislative Assembly.

The petitioner has questioned the legal authority with which Dubey continues to hold the office of Principal Secretary. The plea alleges that Dubey’s appointment in 2009 violated the Uttar Pradesh Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1974, which prescribed an upper age limit of 52 years for appointment to select-category posts. According to the petition, Dubey had already crossed the age limit when he was appointed.

The petitioner has sought the court’s directions requiring Dubey to establish the legal authority under which he continues to hold the post, and has also requested an interim order restraining him from exercising the powers of the office pending adjudication of the case.

The plea States that Dubey took voluntary retirement from the Uttar Pradesh Judicial Service on January 13, 2009, and was appointed Principal Secretary (Parliamentary Affairs) on the same day.

Six days later, he was given charge of the post of Principal Secretary of the Assembly Secretariat.

The petitioner alleged that the appointment process was carried out without advertisement, competitive selection, consultation with the Public Service Commission or approvals required under Article 187 of the Constitution.