RAKESH KUMAR YADAV v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF FOOD AND CIVIL SUPPLIES LKO. AND 2 OTHERS
WRIA/1194/2025 · 2025-01-28
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120290 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120290 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:5769 Court No. - 6 Case :- WRIT - A No. - 1194 of 2025 Petitioner :- Rakesh Kumar Yadav Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Food And Civil Supplies Lko. And 2 Others Counsel for Petitioner :- Rakesh Kumar Srivastava,Amit Srivastava Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Shri Rakesh Kumar Srivastava, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record.
2. It has been submitted by learned counsel for petitioner that the petitioner is working on the post of Supply Clerk and the seniority list of the cadre was prepared on 29.01.2016 where persons juniors to the petitioner were included and subsequently they were also granted promotion to the post of Supply Inspector. The name of the petitioner was not included in the seniority list, thereafter he had made a representation on 20.09.2017. Subsequently as the respondents did not consider the representation of the petitioner, the petitioner had approached this Court by filing a writ petition being Writ-A No. 9462 of 2023, which was
disposed of by order of this Court dated 13.12.2023 directing the respondents to consider the representation of the petitioner within a period of eight weeks.
3. On consideration of the representation of the petitioner as per the direction of this Court, the impugned order dated 12.04.2024 has been passed wherein the name of the petitioner has been included in the seniority list but the aspect of his promotion and granting him other benefits from the date of his juniors have been promoted has been deferred and is to be placed before the Departmental Promotional Committee in the next meeting.
4. It has been submitted by learned counsel for petitioner that all the relevant documents pertaining to the promotion of the petitioner were duly collected and presented before the Departmental Promotional Committee, which according to the petitioner was constituted sometime in August
2024 but without considering the candidature of the petitioner the proceedings of the DPC were adjourned and since then the same has not been constituted to consider the case of the petitioner for promotion to the post of Supply Inspector.
5. After arguing the matter at some length, learned counsel for petitioner submits that the grievance of the petitioner substantially redressed in case the respondents consider the case of the petitioner for promotion on the post of Supply Inspector and grant him benefit of the said promotion from the date juniors to the petitioner have been promoted.
6. Learned Standing Counsel does not object to the innocuous prayer made by learned counsel for petitioner.
7. In view of the above, without entering into merits of the issue, the instant writ petition is disposed of finally at the admission stage directing the respondent no. 2 i.e., Commissioner, Food & Civil Supplies, U.P., Lucknow to constitute the DPC for consideration of the petitioner for promotion to the post of Supply Inspector with expedition say within a period of next two months and grant the benefit, which are legally admissible to him as per order dated 12.04.2024.
8. In view of the aforesaid terms, the writ petition is disposed of finally. . (Alok Mathur, J.)
Order Date :- 28.1.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench