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2025 DAILYLAW 142365 (ALL)

DEVESH PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. URBAN DEV. DEPTT. LKO. AND 3 OTHERS

WRIA/6137/2025 · 2025-07-08

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38906 Court No. - 5 Case :- WRIT - A No. - 6137 of 2025 Petitioner :- Devesh Pratap Singh Respondent :- State Of U.P. Thru. Prin. Secy. Urban Dev. Deptt. Lko. And 3 Others Counsel for Petitioner :- Birendra Pratap Singh Counsel for Respondent :- C.S.C.,Sampurna Nand Shukla Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents no. 1 & 2 and Shri Pankaj Shukla, Advocate, holding brief of Shri Sampurna Nand Shukla, learned counsel for the respondents no. 3 and 4. Under challenge is the order dated 09.07.2023, a copy of which is annexure 1 to the writ petition by which the respondent no. 4 has rejected the claim of the petitioner for promotion on a Class III post on the ground that no posts are available. Learned counsel for the petitioner has placed reliance on the information given under the Right to Information Act dated 15.04.2025, a copy of which is annexure 12 to the writ petition, to contend that there are four vacancies as the incumbents who were earlier working on the said posts are retired as per the dates indicated against each and consequently the ground which has been taken by the respondents while rejecting the claim of the petitioner vide the order impugned dated 09.07.2023 does not now subsist after almost two years after passing of the said order. Considering the aforesaid the writ petition is disposed of with a direction to the competent authority to consider the claim of the petitioner for promotion to Class III post in accordance with law and relevant rules. Let such consideration be made within a period of six weeks from the date of receipt of a certified copy of this order. It is made clear that this Court has not entered into the eligibility of the petitioner for promotion on a Class III post which eligibility would be considered by the respondents while considering the claim of the petitioner. The instant writ petition is disposed of without interfering the order impugned as the same has been passed two years earlier and subsequent thereto various vacancies have arisen as have been indicated by learned counsel for the petitioner. Order Date :- 8.7.2025/J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench