Allahabad High Court
Suresh Chandra Tiwari And 2 Others vs The State Of U.P. And 6 Others on 7 February, 2023
Bench: Vikram D. Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- WRIT - A No. - 2277 of 2023
Petitioner :- Suresh Chandra Tiwari And 2 Others
Respondent :- The State Of U.P. And 6 Others
Counsel for Petitioner :- Ashish Kumar Singh,Irfan Ahmad Malik
Counsel for Respondent :- C.S.C.
Hon'ble Vikram D. Chauhan,J.
Heard Sri Irfan Ahmad Malik, learned counsel for the petitioner and the learned Standing Counsel.
The present writ petition has been filed with the following prayers:
"(i) Issue, a writ, order or direction, in the nature of mandamus, commanding the Respondent Authorities, to open the Seal Cover Envelope and promote the petitioner from the post of Constable to Head Constable, in pursuance of the Government Order No. 13/21/89-Ka-1-1997, dated 28/05/1997, & Government Order No. 1/2018-13(6)/2017/Ka-1-2018, dated 09/01/2018, In the light of the Judgment and order dated 09/05/2022 & 26/05/2022 passed by this Hon'ble Court in Writ-A No. 4801/2022, (Ramesh Kumar Singh Vs. State of U.P. & Others) Writ- A No. 8151/2022 (Neeraj Kumar Pandey Vs. State of U.P. And others) from the date their Juniors have been granted promotion, with all consequential benefits.
(ii) Issue, a writ, order or direction, in the nature of mandamus, commanding the Respondent Authorities, to consider the claim of the petitioner for Ad-hoc promotion on the post of Head Constable in pursuance of the Government Order No. 13/21/89-Ka-1-1997, dated 28/05/1997, & Government Order No. 1/2018-13(6)/2017/Ka-1-2018, dated 09/01/2018, & in ight of the Judgment and order dated 09/05/2022 & 26/05/2022 passed by this Hon'ble Court in Writ-A No. 4801/2022, (Ramesh Kumar Singh Vs. State of U.P. & Others) Writ- A No. 8151/2022 (Neeraj Kumar Pandey Vs. State of U.P. And others) from the date their Juniors have been granted promotion, with all consequential benefits."
Learned counsel for the petitioner submits 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 learned counsel for the petitioner places reliance on the specific averments made in paragraph 20 and 21 of the writ petition to 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.
Learned Standing Counsel submits that the claim of the petitioner may be considered in accordance with law in a time bound manner.
Considering the facts and circumstances of the case and submission of the parties, it is hereby directed to 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.
With the aforesaid observation/direction the writ petition stands disposed of.
Order Date :- 7.2.2023
Sumit Kumar
