Mohd. Qayyum vs State Of U.P. Thru Secy. Basic ...
2012 Latest Caselaw 3344 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 4066 of 2012
 

 
Petitioner :- Mohd. Qayyum
 
Respondent :- State Of U.P. Thru Secy. Basic Education & 5 Others
 
Petitioner Counsel :- Kshemendra Shukla
 
Respondent Counsel :- C.S.C.,Som Kartik
 

 
Hon'ble Ajai Lamba,J.

In regard to issue of promotion as Head Clerk, the petitioner filed an appeal in the year 1985.  Petitioner and the private respondent have retired in the year 2010.  Petitioner did not pursue the appeal, which has been decided vide impugned order in the year 2012.

In the contention of the learned counsel for the private respondent, the petitioner intentionally did not pursue the appeal, because the appellate authority had stopped payment of higher salary of Head Clerk to the respondent and, therefore, the petitioner felt satisfied by depriving the respondent of the higher salary.

Learned counsel further contends that taking into account the length of service, the respondent has been shown as senior to the petitioner by virtue of impugned order.

The matter needs detailed consideration.

Writ petition is Admitted.

Order Date :- 1.8.2012

A.Nigam