Allahabad High Court
Ashok Kumar vs State Of U.P. And 4 Others on 7 February, 2023
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 1069 of 2023
Petitioner :- Ashok Kumar
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Atipriya Gautam,Madhaw Pandey,Rishabh Kesarwani,Sr. Advocate
Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Rishabh Kesarwani, learned counsel for the petitioner and the learned Standing Counsel.
The present 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 UP 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 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 UP and others) from the date their Juniors have been granted promotion, with all consequential benefits."
The contention of the counsel for the petitioner is 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 counsel for the petitioner places reliance on the specific averments made in paragraph 23 and 24 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.
Considering the submissions made at the bar and the fact that the persons similarly placed have been considered for promotion, the present petition is disposed off directing 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.
The writ petition stands disposed of with the aforesaid directions.
Order Date :- 7.2.2023
Akbar
