Mohd Mahefooz Khan vs State Of U.P. And 3 Others
2022 Latest Caselaw 579 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- WRIT - A No. - 18735 of 2021
 

 
Petitioner :- Mohd Mahefooz Khan
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Anil Kumar Singh, Kishan Gautam
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Siddharth,J.

Supplementary affidavit filed is taken on record.

Thegrievance of the petitioner is that hispromotion from the post of Constable to the post of Head constable has been kept in seal cover since 2016. The petitioner is entitled to grant of ad-hoc promotion fromthepost of head constable to constable in view of the government order dated 28.05.1997.

After the judgment of Union of India vs. K.V. Jankiraman reported in AIR 1991 SC 2010 the State Government has issued a Government Order dated 28.5.1997 providing the modalities to meet out the conditions of an employee whose matter has been placed under sealed cover. As per para 10 of the aforesaid Government Order if more than one year period has passed after putting the candidature of an employee under sealed cover and the condition putting the matter under sealed cover has not been over, such employee may be given ad-hoc promotion.

In the present case almost six years period has passed after putting the candidature of the petitioner under sealed cover and the condition putting the matter under sealed cover has not been over, therefore, the petitioner may be given ad-hoc promotion getting the benefit of Government Order dated 28.5.1997.

Learned Addl. C.S.C. could not dispute the aforesaid legal proposition, therefore, with the consent of parties the writ petition is being decided at the admission stage.

Considering rival submissions of learned counsel for the parties and also considering the material available on record including the Government Order dated 28.5.1997, I am of the considered opinion that the sealed cover in the case of the petitioner be opened and the opposite parties shall consider the promotion of the petitioner as per the recommendation of the Departmental Promotion Committee strictly in accordance with law and also in the light of Government Order dated 28.5.1997 with expedition preferably within a period of one month from today.

Accordingly, the writ petition is disposed of.

Order Date :- 6.4.2022

Rohit