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2025 DAILYLAW 11898 (ALL)

GYAN CHANDRA PRASAD AND ANOTHER v. STATE OF UTTAR PRADESH AND 4 OTHERS

WRIA/1061/2025 · 2025-01-27

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13958 Court No. - 7 Case :- WRIT - A No. - 1061 of 2025 Petitioner :- Gyan Chandra Prasad And Another Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Devansh Misra Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for State- respondents. 2. The petitioners have preferred the present petition inter alia with the following prayers:- "I. issue a writ, order or direction in the nature of mandamus directing the Respondent Nos. 2 and 4 to promote the petitioners to the post of Assistant Consolidation Officer, alongwith treating their services to have been duly regularized;" 3. The petitioners were initially appointed on the post of Consolidator/ Rectangulator vide office memo dated 05/26.08.1989 and 27.10.1989 on temporary basis at pay scale of Rs. 330-495. Thereafter, the petitioners' services were made permanent on the post of the Consolidation Lekhpal vide order dated 15.04.1998 issued by the Settlement Officer, Consolidation, Mau and order dated 25.11.1998 issued by the Settlement Officer, Consolidation, Agra, respectively. Subsequently, after a serving satisfactorily on the post of Consolidation Lekhpal continuously from 1998 till 2009, the petitioners were appointed at post of Consolidator/Rectangular by promotion on ad hoc/temporary basis vide appointment letters dated 05.03.2009 and 19.04.2009. Thereafter, the services of the petitioners were made permanent on the post of Consolidator at pay scale of Rs. 95-20-1500. Pursuant to their services being made permanent the petitioners have continuously discharged their services as Rectangulator/Consolidator without any break. It is argued that though the petitioners are entitled for their promotion on the post of Assistant Consolidation Officer and though the employees who were junior to the petitioners have already been promoted to the post of Assistant Consolidation Officer and though in spite of repeated representation made by the petitioner till date no decision has been taken in the matter. Hence the present petition. 4. On the other hand, it is argued by learned Standing Counsel that in case, the petitioners will submit a representation before the respondent No.2/Consolidation Commissioner, Uttar Pradesh, Lucknow, he will pass appropriate orders in the matter expeditiously. 5. Heard learned counsel for the parties and perused the record. 6. In the facts and circumstances of the case, the present petition is disposed of directing the petitioners to file a representation ventilating all their grievances before respondent No.2/Consolidation Commissioner, Uttar Pradesh, Lucknow along with all relevant documents and papers on which the petitioners are making reliance and a certified copy of this order within a period of three weeks from today. In case, the representation is filed within the stipulated period, the respondent No.2 will pass appropriate orders most expeditiously and preferably within a period of two months from the date of submission of representation. Order Date :- 27.1.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad