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2025 DAILYLAW 103316 (ALL)

ISHWAR PAL AND ANOTHER v. State of UP AND 3 OTHERS

WRIA/15806/2024 · 2025-02-07

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18221 Court No. - 6 Case :- WRIT - A No. - 15806 of 2024 Petitioner :- Ishwar Pal And Another Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Achchhey Lal Tiwari,Prashant Shukla Counsel for Respondent :- Bala Nath Mishra,C.S.C. Hon'ble Neeraj Tiwari,J. Learned counsel for the petitioner is permitted to correct the description of respondent no.3 during the course of the day. Heard learned counsel for the petitioners and learned Additional Chief Standing counsel for State- respondents. Present petition has been filed seeking following relief:- "i.). Issue a writ, order or direction in the nature of Certiorai quashing the impugned letter dated 26.07.2024 issued by the respondent no.4 only with respect to two posts out of 10 posts made available for being filled up by promotion. ii). Issue a writ, order or direction, in the nature of mandamus commanding the respondents to promote the petitioners on the posts of Assistant Engineer (Civil) pursuant to the D.P.C. list dated 28.06.2008 at the earliest in accordance with law and to further take all consequential decisions flowing therefrom." Learned counsel for the petitioners submitted that he does not want to press the prayer no. 1. He further submitted that for redressal of petitioners' grievance mentioned in prayer no.2, they may be permitted to file fresh representation before respondent no.3. Learned Additional Chief standing counsel submitted that in case any such representation is filed, the same shall be considered and decided at the earliest. In view of the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioners to move fresh representation along with certified copy of this order before respondent No.3 within two weeks from today. In case any such representation is filed, respondent No. 3 is directed to decide the same in accordance with law maximum within a period of six weeks thereafter. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No.3 to pass order after considering the relevant Rules as well as facts of the case. Order Date :- 7.2.2025/AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad