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2025 DAILYLAW 147212 (ALL)

AJAY KUMAR (PNO NO.942462182) v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME AND 2 OTHERS

WRIA/6868/2025 · 2025-06-27

Kshitij Shailendra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36656 Court No. - 4 Case :- WRIT - A No. - 6868 of 2025 Petitioner :- Ajay Kumar (Pno No.942462182) Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home And 2 Others Counsel for Petitioner :- Umesh Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J. 1. Instructions furnished by the learned Standing Counsel are taken on record. 2. Heard Shri Umesh Kumar Yadav, learned counsel for the petitioner and Shri Ashwani Kumar Singh Rathour, learned Standing Counsel, for the respondents. 3. The present petition has been filed claiming two reliefs, one of which is to grant promotion to the petitioner by ignoring the effect of censure entry dated 24.01.2019 and second relief claimed is as regards issuance of a direction to decide the petitioner's representation dated 04.06.2025 in the light of Government Orders dated 30.06.1993 and 06.05.1999. 4. Learned counsel for the petitioner submits that though there was a censure entry against the petitioner, however, the same has lapsed with the passage of time, inasmuch as five years is over and, therefore, the said entry cannot be treated to be as an obstruction in according promotion to the petitioner. He places reliance upon Government Orders referred hereinabove and also judgment of Division Bench of this Court dated 27.02.2023 passed in Writ-A No. 1766 of 2023 (State of U.P. Through Additional Chief Secretary Institutional Finance Tax and Registration U.P. Lucknow and another Vs. Pramod Kumar Tewari and another). 5. The aforesaid submission has been opposed by learned Standing Counsel by placing reliance upon the instructions dated 19.06.2025. 6. Since no order has been passed on merits either according or denying the promotion to the petitioner and the aforesaid representation is still pending, the present petition is disposed of with the following directions:- (a) The petitioner shall file a copy of this order alongwith relevant Government Orders as well as the aforesaid judgment of the Division Bench before the competent authority within a period of one week from today. (b) The competent authority shall fix a date for hearing the petitioner in July, 2025 itself. (c) After providing opportunity of hearing to the petitioner and dealing with the aforesaid Government Orders and the judgment of this Court, as referred to above, in the light of factual position applicable to the petitioner, a speaking and reasoned order shall be passed by the competent authority by 15.08.2025 and its copy shall be sent by registered post to the petitioner immediately thereafter. Order Date :- 27.6.2025 AKShukla/- Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench