ARVIND RANA HEAD CONSTABLE 470 C.P. v. THE STATE OF U.P. AND 2 OTHERS
WRIA/19906/2024 · 2025-02-26
Neeraj Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108132 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108132 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:27176 Court No. - 6 Case :- WRIT - A No. - 19906 of 2024 Petitioner :- Arvind Rana Head Constable 470 C.P. Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Kailash Prakash Pandey Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. Grievance of the petitioner is that though he is eligible in terms of the provisions of U.P. Police Sub- inspector and Inspector Service Rules, 2015 for promotion to the post of Sub-Inspector and that persons junior to him have been considered for the purposes, yet his claim has not been considered so far. It is stated that in terms of the Government
Order dated 30.6.1993 petitioner's services are satisfactory and there are no criminal or disciplinary proceedings pending against the petitioner, inasmuch as during the last 5 years, no order adverse to petitioner has been passed. It is contended that in such circumstances, petitioner's claim is liable to be considered from the date his juniors have been considered. It is stated that a period of more than 5 years have otherwise expired since punishment awarded in the month of May, 2012 and, therefore, such materials cannot be read against the petitioner.
3. Learned Standing Counsel submits that as issues of fact would require determination, the authorities be permitted to examine the same, at the first instance.
4. Considering the above, this petition stands
disposed of, permitting the petitioner to approach respondent no.2, in respect of his grievance, as noticed above, and the same shall be dealt with in
accordance with law, within a period of four months from the date of presentation of certified copy of this
order. Petitioner shall be at liberty to annex all materials in support of his claim while submitting the certified copy of this order. Needles to say that in case the petitioner is found eligible for promotion under the Rules, and persons junior to him have been promoted, his claim shall also be considered from the date his juniors have been granted promotion.
Order Date :- 27.2.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad