Court No. - 18 Case :- WRIT - A No. - 4982 of 2025 Petitioner :- Prabhat Ranjan Shukla And 49 Others Respondent :- State Of U.P. Thru. Chief Secy. Lok Bhavan Lko. And 3 Others Counsel for Petitioner :- Aditya Mohan Counsel for Respondent :- C.S.C.,Raj Kumar Upadhyaya (R.K.Upadhyaya) Hon'ble Karunesh Singh Pawar,J. 1.Application for intervention filed by Mr. R.K. Upadhyaya, learned counsel is taken on record. 2.Heard Mr. J.N. Mathur, learned senior counsel, assisted by Mr. Aditya Mohan and Mr. Anupras Singh, learned counsel for the petitioners and Mr. Sandeep Sharma, learned Standing Counsel who has accepted notice on behalf of respondents. 3.By means of this writ petition, the petitioners have prayed for issuance of a writ of mandamus directing respondents to conclude promotion process by issuing final promotion orders on the recommendation of D.P.C., held on 2.8.2024 with a further direction to fill vacancies on the post and scale of Dy. Commissioner, Industries and grant promotion to the petitioner from 2.8.2024 along with all consequential benefits from the said date. 4.Gist of the issue involved in the present petition is given in order dated 6.5.2025 which is reproduced as below : : "1.Heard Mr. J.N. Mathur, learned senior counsel, assisted by Mr. Aditya Mohan and Mr. Anupras Singh, learned counsel for the petitioners and Mr. Sandeep Sharma, learned Standing Counsel who has accepted notice on behalf of respondents. 2.Learned Senior Counsel submits that the petitioners after clearing U.P. Public Service Commission Examination were selected on the post of Assistant Commissioner in the Industries Department in 2015 batch. After their selection, they have submitted their joining on the said post and are currently working as Assistant Commissioner in the Department of Micro, Small & Medium Industries & Export Promotion. Final seniority list of the petitioners was prepared by the respondents vide order dated 9.10.2018. Name of the petitioners finds place between serial Nos.80 and 141. Several promotions have taken place on the basis of this seniority list. It is submitted that officers mentioned from serial No.1 to serial No.79 in the seniority list have either been promoted or retired.The officers from Sl.Nos. 145 to 155 have not yet completed seven years of service, hence do not come in the eligibility criteria. The petitioners' services are governed by The Uttar Pradesh Industries Service Rules, 2014 (in short, 2014 Rules). Rule 3(1) of 2014 Rules provides for year of recruitment which shall be the period of twelve months commencing on the first day of July of a calendar year. Rule 16 of 2014 Rules refers to the Uttar Pradesh Government Servants Criterian for Recruitment by Promotion Rules, 1994 which provides that the promotions shall be made on the basis of seniority, subject to rejection of unfit. Appendix 'B' of 2014 Rules provides 100% promotion on the post of Deputy commissioner from the feeding cadre of Assistant Commissioner. The eligibility provided for such promotion is seven years of service on the first day of the year of recruitment. It is submitted that the petitioners have completed more than 8 years of service as Assistant Commissioner. 3.The State of U.P. has issued a government order dated 5.6.2024 requiring that all the formalities with respect to the posts to be filled by promotion should be completed by September 30, 2024. Out of 85 sanctioned posts of Deputy Commissioner, 58 are currently lying vacant. As per letter dated 18.7.2024, there are 57 vacancies on the post of Deputy Commissioner whereas there are 53 Assistant commissioners who fulfil the eligibility criteria of seven years required for promotion to the post of Deputy Commissioner. Vide letter dated 29.7.2024 issued by Secretary, Department of Micro, Small & Mediam Enterprises & Export Promotion, the Departmental Promotion Committee was scheduled to be conducted on 2.8.2024 which has been conducted on the said date. Pleading in this regard has been made in para 24 of the petition. 4.It is submitted that in spite of the government order dated 5.6.2024, Annexure- 7, no action has been taken even after recommendations of the D.P.C. dated 2.8.2024 has been sent to the State Govt. for approval. Final promotion orders have been kept pending and have not been issued for more than eight months only in the case of the petitioners whereas the respondents are carrying out promotions for other cadres/posts regularly. The recruitment year is about to come to end on 30th June. It is submitted that in case a decision is not taken by the State Government on the recommendations of the D.P.C. in this recruitment year, the petitioners shall suffer irreparable loss. It is further submitted that the work of Deputy Commissioner across the State on 57 vacant posts of Deputy commissioner is being taken by most of the juniors to the petitioners which is bringing humiliation to the petitioners. 5.Learned standing counsel prays for and is allowed three days' time to seek written detailed instructions, including the reason for not taking a decision by the State Government on the recommendations of the Departmental Promotion Committee made on 2.8.2024. He shall also apprise the court about the reasons for delay in taking decision by the State Government and further as to why the Government Order dated 5.6.2024 which provides for completion of all the formalities for promotion till September 30, 2024 has not been adhered to. 6.List on 14.5.2025 as fresh. 5.Today, Mr. Sandeep Sharma, learned standing counsel has provided written instructions which are taken on record. 6.A perusal of the written instructions shows that the instructions are silent as to why Government Order dated 5.6.2024 has not been adhered to even after recommendation of the Departmental Promotion Committee held on 2.8.2024. No material has been brought on record by the learned standing standing to show as if there is any impediment in taking a decision on the recommendation of the D.P.C. in this case. He, however, on the basis of oral instructions given by Mr. Ajai Kumar Tiwari, Head Assistant posted in the office of Joint commissioner (Industries) has submitted that appropriate decision on the recommendation of the Departmental Promotion Committee regarding promotion of the petitioners shall be taken by the State government within four weeks. 7.In view of the above, the petition is disposed of with a direction to respondents to take a decision regarding promotion of the petitioners on the recommendation of the Departmental Promotion Committee dated 2.8.2024 within a period of four weeks from today. 8.The office of Chief Standing Counsel shall apprise the State Government of the order passed today. The petitioners shall also serve a certified copy of this order to the respondents, within three days from today. Order Date :- 14.5.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench