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2025 DAILYLAW 105264 (ALL)

SUBHASH KUMAR v. State of UP AND 6 OTHERS

WRIA/16863/2024 · 2025-04-03

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49141 Court No. - 4 Case :- WRIT - A No. - 16863 of 2024 Petitioner :- Subhash Kumar Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Brahma Nand Tripathi,Kuldeep Kumar Dixit,Sumit Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Brahma Nand Tripathi, learned counsel for the petitioner and learned Standing Counsel for the State. 2. By means of this petition filed under Article 226 of the Constitution, petitioner seeks a direction to the respondent no. 2 to accord him promotion as Inspector from the post of Sub Inspector considering his seniority. 3. It is contended on behalf of the petitioner that during the pendency of this petition as it was filed on 23rd September, 2024, petitioner has been accorded promotion as Inspector, however, he is entitled to be promoted, w.e.f., the date when his juniors were granted promotion in the year 2023 and subsequently, as per the seniority list published as on that date. It is contended that the petitioner was earlier awarded with an entry of censure against which he had approached the State Public Service Tribunal, U.P. Lucknow which set aside the censure entry in Reference Petition No. 223 of 2023 by passing a detailed judgment and order on 07.07.2021 and in such circumstances, therefore, the petitioner had become entitled to be considered for promotion in the year 2023 itself. It is further submitted that the respondent has wrongly denied the benefit and as of now petitioner has been made junior to a number of juniors, who have stood subsequently promoted. It is submitted that petitioner came to be promoted only after he had approached this Court vide Writ-A No. 2742 of 2024, which stood disposed of on 23rd February, 2024. 4. Learned Standing Counsel submits that since the petitioner is raising a claim for being granted promotion, w.e.f. the date his juniors were promoted, it would require further investigation and enquiry at the end of the Departmental Promotional Committee so as to consider his claim in comparison to the claim of others incumbent, who have already stood promoted and, therefore, it would be more appropriate that the matter may be directed to be examined by the Competent Authority, namely, respondent no. 3 at the first instance. 5. 3 at the first instance. 5. Accordingly, this petition stands disposed of with a direction to the petitioner to make a representation afresh detailing therein all his grievance annexing the seniority list and the order passed by U.P. Public Service Tribunal along with certified copy of this order within a period of four weeks from today and if he does so within the aforesaid period, the respondent no. 3, who is Competent Authority in the matter shall look into the grievance of the petitioner and take appropriate decision and finally dispose of the matter within a further period of two months. 6. Needless to add that the order to be passed by the Competent Authority, shall be reasoned and speaking one. Order Date :- 4.4.2025 Shiraz Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad