Neutral Citation No. - 2025:AHC-LKO:21484 Court No. - 18 Case :- WRIT - A No. - 4082 of 2025 Petitioner :- Piyush Kumar Srivastava Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Revenue Lko. And 4 Others Counsel for Petitioner :- Mahendra Nath Yadav Counsel for Respondent :- C.S.C.,Raj Kumar Upadhyaya (R.K.Upadhyaya) Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner and learned Standing counsel for respondent Nos. 1 to 4 as well as Shri R.K. Upadhyaya, learned counsel for respondent no. 5. By this petition, the petitioner has prayed for the following relief:- "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties no-2, 4 and 5 i.e. the Uttar Pradesh Public Service Commission Prayagraj to take into account the recommendation made by the Departmental Promotion Committee on 14.2.2025 and approve/forward it to the State Government for considering/issuing promotion order of the petitioner against 4 vacant posts of Deputy Collector for the selection year 2023-24. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to take into account the representations dated 29.3.2025 sent on 1.4.2025 contained as (Annexure No:6, 7 and 8 to the writ petition) to the respondents no-2, 4 and 5 in the light of the case law settled by the Hon'ble Supreme Court in case of Baikunth Dath Das and another Vs Chief District Medical Officer reported in AIR (1992) SC-1020 and in the case of Pyare Mohan Lal Vs State of Jharkhand and others reported in (2010) 10 SCC-693 para-20 and para-24, in which it has been held that (a) " if a government servant is promoted to a higher post despite the adverse remarks, such remarks lose their sting, more so, if the promotion is based on merit selection and not upon seniority." (b) when a government servant is promoted to a higher post on the basis of merit and selection, adverse entry if any contained in his service records lose their significance and remain on records as part of past history in the respective case laws cited above." Learned counsel for the petitioner submits that it would be suffice if respondent no. 5 is directed to take a decision on the representation dated 29.03.2025 contained in Annexure No. 8 to the writ petition, in a stipulated period. Learned Standing Counsel has no objection to this innocuous prayer. Considering the above, the petitioner is directed to submit a fresh representation before respondent no. 5 within two weeks from today and in case, such a representation is submitted, the same shall be decided by respondent no. 5 within a further period of four weeks by passing a reasoned and speaking order. With these observations, the petition stands disposed of. Order Date :- 16.4.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench