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2025 DAILYLAW 153357 (ALL)

YOGENDRA PRASAD SINGH v. STATE OF U.P. THRU. PRIN. SECY. TAX AND REGISTRATION DEPTT. LKO. AND ANOTHER

WRIA/8131/2025 · 2025-07-25

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42841 Court No. - 18 Case :- WRIT - A No. - 8131 of 2025 Petitioner :- Yogendra Prasad Singh Respondent :- State Of U.P. Thru. Prin. Secy. Tax And Registration Deptt. Lko. And Another Counsel for Petitioner :- Ajey Shanker Tewari,Ishaan Tewari Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State counsel for opposite parties. 2. The present petition has been filed seeking the following main relief:- "(i). Issue a writ, order or direction in the nature of Mandamus commanding the Opposite Parties to consider the case of the promotion on the post of Deputy Commissioner, State Tax immediately from the date when the persons junior to the petitioner has been promoted on the post of Deputy Commissioner, State Tax with effect from 07.07.2025. (ii) Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to open the result of sealed cover which was withheld on 30.06.2020 on account of the pending enquiry and give to the petitioner all consequential benefits such as arrears of salary and seniority etc. in the interest of justice." 3. It has been submitted by learned counsel for petitioner that petitioner has been overlooked for promotion despite the fact that punishment order dated 03.04.2024 has already been quashed by the State Public Services Commission in Claim Petition No.911 of 2024 vide order dated 24.04.2025 which has become final since it has not been challenged but despite the said fact, petitioner has not been considered for promotion from the date his juniors were granted such promotion. 4. Since consideration of petitioner's grievance would entail factual aspects, without entering into merits of the case, liberty is granted to petitioner to move a fresh representation before opposite party No.1 i.e. Principal Secretary, Tax & Registration Department, U.P. Civil Secretariat, Lucknow. In case such a representation is filed, the same shall be decided within period of six weeks from the date a certified copy of this order is produced before the said authority. 5. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 25.7.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench