Ajeet Singh vs The State Of U P And 4 Others
2023 Latest Caselaw 943 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 19585 of 2022
 

 
Petitioner :- Ajeet Singh
 
Respondent :- The State Of U P And 4 Others
 
Counsel for Petitioner :- Irfan Ahmad Malik
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

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

The petitioner has preferred the present petition for the following prayer:-

"i) issue a writ, order or direction in the nature of mandamus commanding the respondents to open the Sealed Cover Envelope and promote the petitioner on the post of Head Constable from the date on which the Constables selected alongwith petitioners as well as juniors to the petitioner has been granted promotion, in pursuance of the Government Order No.13/21/89-Ka-1-1997, dated 28.5.1997 & Government Order No. 1/2018-13(6)/2017/Ka-1-2018, dated 09001.2018, which has been issued under the directions of Hon'ble Supreme Court in Case of Union of India vs. K.V. Janki Raman, AIR 1991 SC 2010 with all consequential benefits."

Learned counsel for the petitioner submits that this issue was subject matter before the Apex Court in the case of Union of India vs. K.V. Janki Raman, AIR 1991 SC 2010 and complying the same, the respondents authorities have also amended the Rules on 28.5.1997. It is further submitted that mere pendency of criminal case the authority concerned has not granted the promotion to the petitioner which is contrary to law laid down by the Court as well as amended rules. In support of his contention, the counsel for the petitioner has relied upon the judgment of this Court passed in Writ-A No.8151 of 2022 (Neeraj Kumar Pandey vs. The State of U.P. and 5 Others).

Learned Standing counsel submits that the case of the petitioner shall be considered and if it is found that the case of the petitioner is squarely covered by the judgment of this Court passed in Writ-A No.8151 of 2022, appropriate order shall be passed by the respondent authorities.

Considering the facts and circumstances of the case, the present petition is disposed of in terms of Writ- A No.8151 of 2022 and direction is issued to respondent no. 5 to consider and decide the case of the petitioner strictly in accordance with law laid down by this Court in Neeraj Kumar Pandey (Supra) and if the case of the petitioner is found similar to the aforesaid judgment, the authority concerned shall pass appropriate order after opening the sealed cover envelope within a period of six weeks from the date of production of a certified copy of this order.

However, in case respondent no. 5 is of the opinion that the controversy involved in the present case is different to the jugdment of Neeraj Kumar Pandey (Supra), he is directed to pass reasoned and speaking order within the same period.

Order Date :- 10.1.2023

Arvind