Allahabad High Court
Rajendra Ram vs State Of U.P. And 3 Others on 31 October, 2023
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:207460
Court No. - 34
Case :- WRIT - A No. - 18256 of 2023
Petitioner :- Rajendra Ram
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Akhilesh Kumar Ojha,Sumit Kumar Pathak
Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the parties.
2. Petitioner, who has been working on the post of Head Constable, claims promotion against the post of Sub Inspector which has been accorded to various persons of his seniority under the order issued by the Police Headquarter on 06.10.2023.
3. Learned counsel for the petitioner has argued that in the year 2013 while he was working as Constable, he was awarded adverse entry against which he preferred a departmental appeal which came to be dismissed on 04.02.2015. Consequently, he challenged both the orders before the U.P. State Services Tribunal, Lucknow vide Claim Petition No. 1018 of 2015. The said claim petition came to be allowed by the order dated 01.11.2017 setting aside the order of adverse entry and also of the appellate authority and directing for all consequently benefits as well to the petitioner. The operative portion of the order is reproduced hereunder:
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" ?????? ??????? ?? ???? ??? ??????? ??????-4 ?????? ????? ???????? ?????? 15-6-2013 (??????? ??????-5) ????? ?????? ???? ?? ???? 2012 ?? ??? ???????? ????????? ?? ???? ????? ???? ??? ?? ??? ?????? ???? ?????? 04-02-2015 (??????? ??????-7) ?????? ???? ???? ??? ?? ???? ?? ???? ?? ???? ??? ???? ???????? ??? ??? ???? ?????????? ???? ?? ??????? ??? ????????? ?? ?????? ??? ???? ?? ??????? ?? ?????? ?? ???????? ????? ??????? ???? ?? ???? ?? ??? ??? ?? ????? ???? ????????? ???????
??????? ??? ???? ??? ???????"
4. It transpires that as a consequence to the same, an order came to be passed by Superintendent of Police, Deoria on 03.12.2018 noticing the judgment of the Tribunal dated 01.11.2017 and the request made by the petitioner for restoration of all service benefits directed that the petitioner be given all such benefits that had been withheld on account of punishment in the nature of adverse entry provisionally being awarded to him. Relevant part of the order dated 03.12.2018 passed by Superintendent of Police Deoria is reproduced hereunder:
" ?????? 892470165 ?????? ????????? ??? ?????? ?????? ???????? ?? ?????? ?????? 01.11.2017 ???????? ?? ?????? ???? ?? ?? ?????? ???????? ?? ?????? ?? ????? ???? ???? ???? ?????? ?????? ??? ????? ???? ????????, ???? ?????????? ???? ?? ??????? ???? ???? ??? ???? ???????? ?? ???? ???-??? ???? ?? ??? ????? ???? ??? ??, ????? ????????? ???? ?? ?????? ???? ???? ?????? ????????? ???? ????? ???? ?? ???? ????
??? ?????? 892470165 ?????? ????????? ??? ?????? ???? ??? ????? ???? ???????? 23.11.2017 ?? ????????? ?????? ????? ???? ???? ?????? ???????? ?? ???? ?????? 01.11.2017 ?? ??????? ??? ???? ?????? ??-37/2013 ?????? 15.05.2013 ??? ????? ????????????? ??????? ?????????? ??????? ?? ???? ??????-?????-???-??-????-(73)/2013/2031 ?????? 04.02.2015 ?? ?????? ???? ???? ?? ???? ????? ???? ???? ?? ??? ???? ???????? ?? ???? ???? ?? ???? ??? ???? ?????? ??? ??? ?? ???? ???? ?? ???? ????? ???? ???? ??? ?? ???? ?????? ???????? ?? ???? ?????? 01.11.2017 ?? ???? ??????
??????-?-386/2015
?????? 3.12.2018"
5. Petitioner, however, came to be promoted only routinely in the year 2021 and resultantly he could not be placed in the list of promotion of Sub Inspectors by way of seniority. The promotion list published by the Headquarter on 06.10.2023, copy whereof has been ground on record as Annexure No. 5 to the writ petition. Petitioner represented the matter and the Superintendent of Police, Azamgarh this time requested the Superintendent of Police (Establishment), Police Headquarter, U.P., Lucknow that the petitioner's claim for being accorded promotion as Head Constable since the year 2015 as his batch came to be promoted as such on account of adverse entry being set aside by the Tribunal.
6. Learned counsel for the petitioner submits that till date no decision has been taken despite letter written by the Superintendent of Police, Azamgarh on 04.11.2022. The operative portion of the request letter dated 04.11.2022 of Superintendent of Police, Azamgarh is reproduced hereunder:
" ??? ?????? ?? ?? ????? ?????? ?????? 892470165 ????????? ?????? ?????? ???????? ??????????? ?????? 27-02-2022 ?? ???? ?? ???? 2015 ?? ????????? ?? ??????? ????? ?????? ?? ?? ???????? ?????? ???? ???? ?? ??????? ??? ?????? ???? ?? ???? ?????'
7. Learned Standing Counsel submits that since the matter is engaging attention of the authority, therefore, Superintendent of Police (Establishment), Police Headquarter, U.P., Lucknow may be directed to do the needful in the matter.
8. Accordingly, direction is issued to the respondent no. 2 to pass appropriate orders in terms of the orders passed by the Tribunal and the earlier order passed by Superintendent of Police, Deoria and request made by Superintendent of Police, Azamgarh within a period of 30 days from the date of production of certified copy of this order and if the petitioner's claim found to be genuine in view of the orders quoted herein above in this order, he shall be accorded due promotion as Sub Inspection within a further period of 30 days restoring his seniority as a result of decision taken by the Tribunal in past.
9. With the aforesaid observations and directions this petition stands disposed of.
Order Date :- 31.10.2023
IrfanUddin
