Allahabad High Court
Anirudha Kumar Singh vs State Of U.P. And 5 Others on 21 October, 2022
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- WRIT - A No. - 16581 of 2022
Petitioner :- Anirudha Kumar Singh
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Vinod Kumar Mishra,Madhaw Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned standing counsel for State- respondents.
Present petition has been filed seeking following relief:-
"(i) Issue a writ or direction in the nature of mandamus directing and commanding the respondent authorities to open the Seal Cover Envelope and promote the petitioner from the post of Dy. S.P. In the light of the judgment and order dated 26.5.2022 7 9.9.2022 passed by the court in Writ-A No.8151 of 2022 (Neeraj Kumar Pandey vs. State of U.P. And others) and writ petition-A No.7917 of 2022 (Umesh Pratap Singh Vs. State of U.P. And others) & in pursuance of the Government Order No.13/2189-Ka-1-1997, dated 28.5.1997, & Government Order No. 13/21/89-Ka dated 28.5.1997 & Government order No. 1/2018/13(6)/2017/ka -1-2018, daed 9.1.2018 with all consequential benefits from the date their juniors have been granted promotion with all consequential benefits.
(ii) Issue a writ or direction in the nature of mandamus directing and commanding the respondent authorities to consider the claim of petitioner for Ad hoc promotion on the post of Dy. S.P. In the light of the judgment and order dated 26.5.2022 & 9.9.2022 passed by the court in Writ-A No.8151 of 2022 (Neeraj Kumar Pandey vs. State of U.P. And others) and writ petition-A No.7917 of 2022 (Umesh Pratap Singh Vs. State of U.P. And others) & in pursuance of the Government Order No.13/2189-Ka-1-1997, dated 28.5.1997, & Government Order No. 13/21/89-Ka dated 28.5.1997 & Government order No. 1/2018/13(6)/2017/ka -1-2018, dated 9.1.2018 with all consequential benefits from the date their juniors have been granted promotion with all consequential benefits."
Learned counsel for the petitioner submitted that for redressal of his grievance, petitioner has filed representation dated 05.08.2022 before respondent No.1 but no decision has been taken till date. Lastly, it is submitted that a direction may be issued to respondent No.1 to decide the representation within a stipulated time.
Learned standing counsel submitted that petitioner may be directed to file fresh representation before respondent No.1 He further submitted that in case any such representation is filed, the same shall be considered and decided at the earliest.
In view of the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to move fresh representation along with certified copy of this order before respondent No.1 within two weeks from today. In case any such representation is filed, respondent No.1 is directed to decide the same in accordance with law maximum within a period of six weeks thereafter.
It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No.1 to pass order after considering the relevant Rules as well as facts of the case.
Order Date :- 21.10.2022
P Kesari
