Allahabad High Court
Uma Devi And Another vs State Of U.P. Thru. Prin. Secy. ... on 30 May, 2022
Bench: Devendra Kumar Upadhyaya, Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 2
Case :- SPECIAL APPEAL No. - 254 of 2022
Appellant :- Uma Devi And Another
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. Lko. And 2 Others
Counsel for Appellant :- Shikha Srivastava,Deo Prakash Srivastava,Suneel Kumar Singh Kalhans
Counsel for Respondent :- C.S.C.,Vindhya Washini Kumar
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the appellants, learned State Counsel for the respondent no. 1 and Sri Vindhya Washini Kumar, learned counsel representing the District Basic Education Officer, Gonda.
By means of this intra-court appeal, the appellants seek to challenge the Judgment and order dated 03-08-2021 passed by the learned Single Judge, whereby the Writ Petition No. 16535 (S/S) of 2021 filed by the appellants has been dismissed on the ground that the appellants have been sitting idle for the past 21 years in respect of their alleged claim of promotion w.e.f. 22-03-2000 and hence, the petition could not be entertained at this stage.
It appears that by filing the writ petition, the appellants-petitioners prayed for a direction to be issued to the respondents to provide them notional promotion, financial benefits and all consequential benefits w.e.f. 22-03-2000 in place of 21-12-2005. Thus, the claim put forth in the writ petition filed in the year 2021 was that the appellants-petitioners may be given the benefits of promotion etc. which are said to have accrued in their favour on 22-03-2000 when allegedly the incumbents junior to the appellants-petitioners were promoted.
Learned Single Judge has considered the aforesaid prayer and has opined that the appellants-petitioners continued to be fence sitters right since the year 2000 and even thereafter since 2005, when the appellants-petitioners were granted promotion and other benefits. The further finding recorded by the learned Single Judge is that the appellants-petitioners did not agitate their rights to the effect that their promotions should have been made in the year 2000. Learned Single Judge has accordingly dismissed the writ petition on the aforesaid ground.
We do not see any reason to interfere in the Judgment and order dated 03-08-2021 passed by the learned Single Judge, which is under appeal herein for the reason that even in the Special Appeal, the appellants have utterly failed to explain us as to why they have not made their claims within some reasonable time.
We completely agree with the reasoning given by the learned Single Judge while dismissing the writ petition filed by the appellants-petitioners.
For the reasons aforesaid, we do not find any ground to interfere with the Judgment and order dated 03-08-2021 passed by the learned Single Judge, which is under appeal herein.
The Special Appeal is dismissed accordingly.
Order Date :- 30.5.2022
AKS
