HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 66747 of 2011 Petitioner :- Ashish Kumar Srivastava Respondent :- State Of U.P. & Others Petitioner Counsel :- Udayan Nandan,Shashi Nandan Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
The contention of the petitioner is that he has been appointed in the year 1992 on compassionate ground on the post of Junior Clerk Grade-III. In the year 2006, the services of the petitioner have been dispensed with on the ground that his appointment was not legal against which the petitioner filed Writ Petition No. 45526 of 2006 and the operation of the order by which the petitioner's services have been dispensed with, has been stayed. According to the petitioner, the said interim order is still continuing. Subsequently, the petitioner has been promoted from Grade-III to Grade-II. Vide order dated 27.9.2010 the petitioner has been reversed to his original post on the ground that his matter is subjudice before this Court and he cannot be promoted. Challenging the said order, the petitioner filed Writ Petition No. 61094 of 2010 wherein the said impugned order dated 27.9.2010 has been stayed. During the pendency of the writ petition, claim petition no. 993 of 2010 has been decided by the State Public Services Tribunal, Lucknow relating to the promotion of the petitioner and other similarly situated persons. The Tribunal by the order dated 14.10.2011 has allowed the claim petition and directed the Collector to hold a Departmental Promotion Committee afresh and consider the case of the petitioner along with other eligible candidates after preparing the eligibility list as per Rules and take a decision on the criterion of seniority subject to rejection of unfit for promotion on the next higher post i.e. Senior Assistant, Special Grade.
The grievance of the petitioner is that that the petitioner has not been considered for promotion though juniors to the petitioner have been promoted.
Learned counsel for the petitioner submitted that it appears that since the writ petition challenging the order dispensing with the services of the petitioner is subjudice, the case of the petitioner for promotion has not been considered.
There is noting on record to substantiate the submission of the learned counsel for the petitioner. Therefore, the instruction from the Standing Counsel is necessary.
Learned Standing Counsel may seek instruction in the matter or file counter affidavit within a week.
Put up on 7.12.2011 as fresh.
Order Date :- 22.11.2011 OP