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2025 DAILYLAW 116625 (ALL)

HANUMAN PRASAD YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO AND 3 OTHERS

WRIA/412/2025 · 2025-01-17

Alok Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3008 Court No. - 6 Case :- WRIT - A No. - 412 of 2025 Petitioner :- Hanuman Prasad Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko And 3 Others Counsel for Petitioner :- Akhilesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Akhilesh Kumar Pandey, learned counsel for petitioner as well as learned Standing Counsel for respondents. 2. It has been submitted by learned counsel for petitioner that petitioner is working on the post of Collection Peon since 2003 and is also physically disabled with 50% disability as per the certificate issued by Chief Medical Officer, Faizabad. It is submitted that in 2021 by means of order dated 08.12.2021 the petitioner was promoted to the post of Collection Amin but at that time due to certain familiar problems the petitioner had moved an application to forego his promotion. 3. This fact is also evident from the letter dated 15.03.2024 written by the A.D.M. (Revenue and Finance), Ayodhya to the Principal Secretary, U.P.. It has been stated that as the petitioner has foregone his promotion in 2021, the case of the petitioner now has not been considered for promotion subsequently. It is submitted that now the petitioner is ready and willing to be promoted to the post of Collection Amin, He submits that a Government Order was issued on 06.10.2022 which provides that the persons who have foregone promotion will not be considered. It further provides that in order to forego the promotion they will have to file an affidavit that they will not be seeking any further promotion subsequently. As to whether the said Government Order applies in situations where persons have foregone their promotion prior to passing of the said Government Order was subject matter of consideration before this Court in Writ A No. 11254/2024 (Smt. Renu Pal & others Vs. State of U.P. & Ors.) where this Court clearly held that the said Government Order will not apply retrospectively. 4. In the aforesaid circumstances, the claim of the petitioner is that he cannot be denied promotion on the basis of Government Order dated 06.10.2022. 5. After arguing the matter at some length, learned counsel for petitioner submits that the grievance of the petitioner shall be substantially redressed in case respondent No. 2 is directed to consider and decide the representation of the petitioner dated 16.11.2024 expeditiously in light of the judgment of this Court passed in the case of Smt. Renu Pal (Supra). 6. Learned Standing Counsel does not oppose the prayer made by the petitioner. 7. Accordingly, the writ petition is disposed of with a direction to respondent No. 2 to consider and decide the representation of the petitioner dated 16.11.2024 by speaking and reasoned order in accordance with law and also considering the judgment of this Court in the case of Smt. Renu Pal (Supra) expeditiously, say, within a period of six weeks from the date a certified copy of this order is produced before him and communicate the decision to the petitioner. (Alok Mathur, J.) Order Date :- 17.1.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench