Allahabad High Court
Parmesh Kumar & Another vs State Of U.P. & 5 Others on 14 October, 2015
Bench: B. Amit Sthalekar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 58871 of 2015
Petitioner :- Parmesh Kumar & Another
Respondent :- State Of U.P. & 5 Others
Counsel for Petitioner :- Rohit Upadhyay
Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J.
Heard Sri Rohit Upadhyay, learned counsel for the petitioners and Sri Amar Nath Singh, learned Standing Counsel for the respondents.
The petitioner in this writ petition is seeking a direction to the respondents to consider his claim for grant of out of turn promotion in terms of the recommendations of the Superintendent of Police, Agra dated 20.11.2012 in accordance with the office order dated 03.02.1994.
The contention of the petitioner is that he has a right to be considered for out of turn promotion for exemplary bravery and that the Government Order dated 07.06.2014 would not be applicable in his case as the incident in question occurred on 22.08.2012 in which one Mohan Kachi, Suraj Alias Chotu and Vishambhar, each of them history sheeters and notorious criminals were arrested alive.
The identical controversy was involved in Writ Petition No.57220 of 2015, Sunil Kumar Vs. State of U.P. and Others in which the Court was pleased to pass the following order:
"The petitioner is a Sub-Inspector in Civil Police. It is stated that he was recommended for out of turn promotion on the basis of exemplary courage shown in an incident dated 29th September, 2011, in which a four year's minor child was rescued safely from the hands of notorious criminal and history-sheeter, namely, Piyush Tiwari, Sandeep, Praveen Kumar and Jahir, who were arrested alive by the petitioner.
For the said extraordinary courage shown by the petitioner, the Senior Superintendent of Police, Ghaziabad and Inspector General of Police, Meerut Zone, Meerut have made a favourable recommendation in favour of the petitioner for grant of out of turn promotion. A copy of these recommendations are on the record as annexures-2 and 3 to the writ petition.
It appears that the State Government has taken a policy decision to withdraw the policy of granting out of turn promotion vide a Government Order dated 07th June, 2014. The said Government order came to be considered by this Court in Writ-A No. 50782 of 2014, Mahaveer Singh and others v. State of U.P. and others, decided on 04th September, 2015. In the said case, this Court opined that the Government order dated 07th June, 2014 is prospective in nature and it shall not be applicable in respect of those incidents which had taken place prior to issuance of the said Government order.
A statement has been made at the bar that no special appeal has been filed against the judgment and order of this Court in Mahaveer Singh and others (supra).
In view of the above, in my view, the ends of justice requires that the cause of the petitioner be considered by the appropriate authority for out of turn promotion in the light of the law mentioned herein-above, expeditiously preferably within a period of six weeks from the date of communication of this order.
The writ petition is, accordingly, disposed of. No order as to costs."
No useful purpose would be served by keeping this writ petition pending.
This writ petition is, therefore, disposed of with the consent of the learned counsel for the parties with a direction to the respondent no.6, Senior Superintendent of Police, Agra to consider and decide the claim of the petitioner in the light of the judgment of this Court dated 07.10.2015 passed in Writ Petition No.57220 of 2015 within a period of six weeks from the date a certified copy of this order is received in his office.
Order Date :- 14.10.2015
N Tiwari
