HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- SERVICE BENCH No. - 1541 of 2010 Petitioner :- Dr. Ramesh Kumar Gupta Respondent :- State Of U.P.Through Its Prin. Secy. Medial And Health Petitioner Counsel :- Ashutosh Singh Respondent Counsel :- C.S.C. Hon'ble Devi Prasad Singh,J.
Hon'ble S.C. Chaurasia,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner, who is a member of Medical & Health Services, has preferred the present writ petition for quashing the order dated 15.7.2010 passed by opposite party no. 1 as contained in Annexure No. 6 to the writ petition by which the representation of the petitioner has been rejected.
The petitioner has not been promoted from Leval 2 to Level 3 on the ground that the petitioner's service record with regard to annual entries is incomplete.
Submission of learned counsel for the petitioner is that the persons junior to the petitioner have already been promoted to Level 4. Further submission is that if the petitioner is not extended his promotion, he shall suffer irreparable loss and injuries to his service career.
It is settled law that the right for consideration of promotion is fundamental right under Chapter III of the Constitution of India. It is also stated that a person cannot be superseded with regard to promotional avenues merely because some records are incomplete.
It is for the State Government to complete the service record with regard to annual entries within reasonable period. In the garb of incomplete record, no employee can be kept waiting for years to come divesting him from promotional avenues.
Accordingly, the impugned order dated 15.7.2010 passed by the State Government depriving the petitioner from promotional avenue on the ground of incomplete service record does not seem to be sustainable. It is the duty of the authorities to complete the service book of the employees and the persons eligible are considered for promotional avenue.
Accordingly, the writ petition is liable to be and is hereby allowed. Impugned order dated 15.7.2010 is quashed. A writ in the nature of mandamus is issued directing the opposite parties to complete the petitioner's service record expeditiously, say within a period of two months and thereafter consider for promotion to higher posts within two weeks.
Let all the exercise be completed within four weeks from today.
The writ petition stands allowed. No order as to costs.
Order Date :- 29.4.2011 Rizvi