Anil Kumar Sharma vs State Of U.P. And 3 Others
2023 Latest Caselaw 10098 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 2764 of 2023
 

 
Petitioner :- Anil Kumar Sharma
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Abhay Raj Yadav,Om Prakash Singh Sikarwar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

It is submitted by learned counsel for the petitioner that the petitioner was working on the post of Jail Warder and his promotion process was initiated and was kept in a sealed cover on account of pendency of criminal case against the petitioner. The seal cover procedure was adopted in the year 2018. However, till date the authority concerned has not considered the notional promotion of the petitioner during pendency of the criminal case in accordance with Government Order dated 28th May, 1997.

Learned counsel for the petitioner submits that the promotion of an employee cannot be placed in a sealed cover for an indefinite period. More particularly, in view of the Government Orders dated 28th May, 1997 and 9th January, 2018.

Learned counsel for the petitioner has also relied upon the judgment of the Apex Court in Union of India etc. Vs. K.V. Jankiraman, AIR 1991 (SC) 2010 to submit that the seal cover procedure is required to be reviewed by the authority concerned from time to time.

Learned Standing Counsel submits that the claim of the petitioner for promotion and opening of the seal cover would be considered in accordance with law. More particularly, in light of the aforesaid government orders and the judgment of the Apex Court in Union of India etc. Vs. K.V. Jankiraman (supra).

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, it is hereby provided that the respondent no.2-Inspector General, Prison Administration and Reforms Services, Uttar Pradesh, Karagar Bhawan, Purani Jail Road, Alambagh, Lucknow shall consider the claim of the petitioner for opening the sealed cover and granting promotion to the petitioner in accordance with the government order issued from time to time and the judgment of the Apex Court within a period of two months from the date of production of a certified copy of this order.

Order Date :- 5.4.2023

Bhaskar