Neutral Citation No. - 2025:AHC-LKO:28644 Court No. - 18 Case :- WRIT - A No. - 5332 of 2025 Petitioner :- Sanjive Kumar Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Guards Lko. And 3 Others Counsel for Petitioner :- Shishir Chandra Counsel for Respondent :- C.S.C.,Dhruv Mathur,Rahul Kumar,Santosh Kumar Yadav Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 to 3, and Shri Dhruv Mathur, learned counsel who has filed a vakalatnama on behalf of respondent no. 4, which is taken on record. Shri Dhruv Mathur, learned counsel for respondent no. 4/private respondent, has raised a preliminary objection regarding the maintainability of the writ petition. He has drawn attention of the Court towards prayer no. 6, wherein the petitioner has sought a writ of mandamus directing consideration of his case for promotion to the post of Joint Commandant General of Home Guards. It has been submitted on behalf of the respondents that, in paragraph 49 of the writ petition, the petitioner himself has admitted that he would be eligible for promotion to the next higher post only if the claim petition filed against the major punishment order dated 28.06.2022 is allowed. In view of the pleadings made in paragraph 49, it is admitted that the petitioner is presently not entitled to be considered for promotion due to the imposition of a major penalty. They have drawn attention of the Court towards the Government Order dated 27.09.2019, wherein it has been provided that "An employee will be deemed unsuitable for the first 5 selections after a major penalty and for the first 2 selections after a minor penalty. These penalties will not be considered for selections beyond these respective limits." Further, it is submitted on behalf of the respondents that, in paragraph 52 of the writ petition, it has been stated that the Departmental Promotion Committee (DPC) meeting was held on 16.07.2024. Therefore, on the basis of the petitioner's own admission and in view of the aforementioned Government Order, the petitioner cannot be considered by the DPC as long as the major penalty subsists. Admittedly, the claim petition challenging the said penalty is still pending before the Public Service Tribunal. Thus, the present writ petition has been filed on mere apprehension and speculation, and no enforceable right for promotion currently accrues to the petitioner. On due consideration to the aforesaid preliminary objection and the admitted fact that a major penalty was imposed on the petitioner on 28.06.2022, rendering him ineligible for consideration in five consecutive DPCs in view of the government order dated 27.09.2019, I am not inclined to entertain the writ petition at this stage, as the petitioner does not appear to be an aggrieved person. Accordingly, the writ petition is dismissed as not maintainable. However, liberty is granted to the petitioner to approach this Court as and when a cause of action arises. Order Date :- 15.5.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench