Avdhesh Kumar vs State Of U.P. And 3 Others
2022 Latest Caselaw 22496 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 21685 of 2022
 

 
Petitioner :- Avdhesh Kumar
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ambarish Chatterji
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard Shri Ambarish Chatterji, learned counsel for the petitioner and the learned Standing Counsel.

The present petition has been filed with the following prayers :

"(i) Issue, a writ, order or direction, in the nature of mandamus, directing the Respondent Authorities, to open the Seal Cover and promote the petitioner on the post Head Constable and grant promotion according to Government Order dated 28.05.1997 & Government Order dated 09.01.2018 and send him for necessary training.

(ii) Issue, a writ, order or direction, in the nature of mandamus, directing the Respondent Authorities, to consider the claim of the petitioner for promotion on the post of Head Constable along with similarly situated person & juniors according to Government Order dated 28.05.1997 & Government Order dated 09.01.2018 with all consequential benefits."

The contention of the counsel for the petitioner is that in terms of the Government Order dated 28.05.1997, it is incumbent that the promotion will be considered after opening the seal cover.

The counsel for the petitioner argue that the persons similarly placed have been accorded promotions and the case of the petitioner is not being considered only on account of the pendency of a criminal case which is more than one year old and have to be considered in the light of the Government Order dated 28.05.1997.

Considering the submissions made at the bar and the fact that the persons similarly placed have been considered for promotion, the present petition is disposed off directing the respondents to take a decision on the petitioner's ad-hoc promotion request to the post of Head Constable in the light of the clause 10 of the Government Order dated 28.05.1997 and Government Order dated 09.01.2018. The respondents are directed to pass a speaking order within a period of two months. While passing the said order, the respondents shall also consider the judgments passed by this Court in Writ A No.8151 of 2022 (Neeraj Kumar Pandey vs. State of U.P. ) decided on 26.05.2022 and Writ A No.7917 of 2022 (Umesh Pratap Singh vs. State of U.P. and others) decided on 09.09.2022.

The writ petition stands disposed off with the said directions.

Order Date :- 22.12.2022

Shafique