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2025 DAILYLAW 100844 (ALL)

CHHATTHOO YADAV v. STATE OF U.P. AND 5 OTHERS

WRIA/15034/2025 · 2025-10-06

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15034 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Babu Lal Ram, learned counsel for the writ petitioner and Sri Pramod Kumar Srivastava, learned Additional Chief Standing Counsel for the State. 2. The case of the writ petitioner is that while he was posted in Police Station Shahganj, District Jaunpur in the year 2015 an allegation was levelled that one of the prisoners had run away from the campus thereafter, show cause notice was issued. Post submission of reply, an order came to be passed on 03.05.2016 for deduction of salary of one month against which a departmental appeal came to be preferred which came to be rejected on 31.01.2016, revision came to be preferred which was also rejected on 27.11.2016 and a Writ Petition No. 7182 of 2017 came to be preferred which was disposed of on 18.10.2022. Post passing of the order in the said writ petition, the fresh proceedings came to be initiated pursuant whereto the appeal came to be allowed on 22.04.2022. The claim of the writ petitioner is that the writ petitioner is entitled to be promoted for the post of Sub Inspector to the post of Head Constable including his name in the seniority list and in this regard, the writ petitioner claims to have preferred a representation on 26.08.2025 before the Inspector General of Police, Establishment, Lucknow which has not been decided. 3. Prayer in the present petition is for a direction to consider the claim of the writ petitioner for promotion and to decide the representation. 4. Sri Promod Kumar Srivastava, learned Additional Chief Standing Versus Counsel for Petitioner(s) : Babu Lal Ram, Gyanendra Kumar Counsel for Respondent(s) : C.S.C. Chhatthoo Yadav .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) Counsel submits that the writ petitioner may address his representation which is pending before the authority and the same shall be considered strictly in accordance with law. 5. Considering the submission so made across the bar and without going into the merits of the matter, the present writ petition stands disposed of directing the writ petitioner to submit a fresh representation, self attested copy of the petition and certified copy of the order by 17.10.2025. On the said motion, the competent authority shall decide the within a period of three months from the date of production of certified copy of the order. 6. Needless to point out that the Court has not entered into the merits of the matter and authorities shall before deciding the claim of the writ petitioner take into account the inter se seniority, eligibility and the suitability of the writ petitioner. 7. Instructions filed today is taken on record and marked as Appendix A. October 7, 2025 Rajesh WRIA No. 15034 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad