Jagdish Prasad Rao vs State Of U.P. Thru. Addl. Chief ...
2022 Latest Caselaw 16483 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 

 
Case :- WRIT - A No. - 7451 of 2022
 

 
Petitioner :- Jagdish Prasad Rao
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Agri. Marketing And Agri.Foreign Trade Dept Lko And 2 Others
 
Counsel for Petitioner :- Birendra Kumar Yadav,Amit Kumar,Manoj Kumar Yadav
 
Counsel for Respondent :- C.S.C.,Naresh Chandra Mehrotra
 

 
Hon'ble Rajnish Kumar,J.

Heard, Shri Birendra Kumar Yadav, learned counsel for the petitioner, learned Standing Counsel for opposite party no.1 and Shri N.C.Mehrotra, learned counsel for opposite parties no.2 and 3.

Submission of learned counsel for the petitioner is that the petitioner is working on the post of Junior Engineer and his case for promotion on the post of Assistant Engineer was considered in the year 2016 and 2018, but the same has been kept in sealed cover on account of pendency of a criminal case vide case Crime No.2092 of 2010, under Section 307/34 and 427 IPC. The charge sheet has also been submitted in the criminal case in the year 2014, but till date no prosecution witness has been produced. Therefore the trial is pending. Thus the petitioner is entitled for consideration of his ad-hoc promotion on the post of Assistant Engineer under paragraph 10 of the Government Order dated 28th of May, 1997, but the same has not been considered and the representation of the petitioner has been rejected merely on the ground that the petitioner is relying on a judgment, which is not of the department of the respondents.

Learned counsel for the respondents no.2 and 3 submits that in case the petitioner moves a fresh representation for consideration of his ad-hoc promotion in terms of the Government Order dated 28th of May, 1997, the case of the petitioner shall be considered in accordance with paragraph 10 of the Government Order dated 28th of May 1997.

In view of above, the writ petition is disposed of with liberty to the petitioner to move a fresh representation to the respondent no.2 raising his grievance and claiming ad-hoc promotion under the Government Order dated 28th of May, 1997. In case such a representation is moved within a period of two weeks from today, the same shall be considered and disposed of in accordance with law considering the case of the petitioner in accordance with paragraph 10 of the Government Order dated 28th of May 1997 within a period of eight weeks thereafter. Consequences shall follow accordingly as per law.

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......................................(Rajnish Kumar,J.)

Order Date :- 10.11.2022

Banswar