HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11342 of 2025 Court No. - 30 HON'BLE MANJIVE SHUKLA, J. 1. Heard Sri Dharam Raj Mishra learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The instant writ petition has been filed challenging therein, the order dated 09.01.2025 passed by the Director, Medical and Health Services, U.P. Lucknow, whereby representation of the petitioner for promotion on the higher post had been rejected on the ground that a criminal case is pending against him. 3. Learned counsel appearing for the petitioner has submitted that though his case for regular promotion on the higher post had been rejected by the order impugned in this petition but in view of Clause-10 of the Government Order dated 28.05.1997, petitioner is entitled for consideration of his case for ad-hoc promotion on the higher post, as under Clause-10 of the Government Order dated 28.05.1997, it is provided that in the cases where criminal trial could not be concluded within a period of one year, the competent authority can consider the case of the government servant for ad- hoc promotion on the higher post. Sri D.R.Mishra, learned counsel for the petitioner has confined his prayer in this writ petition to the extent that this Court may provide that case of petitioner for ad-hoc promotion on higher post may be considered as per the provisions made in Clause-10 of the Government Order dated 28.05.1997. 4. Learned Standing Counsel, on the other hand, though has submitted that the case of petitioner had already been considered for regular promotion on the higher post and had been rejected on the ground of pending criminal case, however, he could not give proper reply, as to why the petitioner's case has not been considered for ad-hoc promotion on the higher post in terms of Clause-10 of the Government Order dated 28.05.1997. 5. I have considered the submissions made by learned counsels for the parties and I Versus Counsel for Petitioner(s) : Dharm Raj Mishra Counsel for Respondent(s) : C.S.C. Rajesh Kumar Pandey .....Petitioner(s) State Of U.P. Thru. Prin. Secy.Medical Health Services Sectt. Lko. And Another .....Respondent(s) find that the criminal trial is pending against the petitioner and for that reason, vide impugned order dated 09.01.2025, his case had been rejected for regular promotion on the higher post. I further find that Clause-10 of the Government Order dated 28.05.1997 provides that in the cases where criminal trial is pending for more than one year, the case of the government servant can be considered for ad-hoc promotion on the higher post. Since learned counsel for the petitioner has confined his prayer only to the extent of consideration of his case for ad-hoc promotion in terms of Clause-10 of the Government Order dated 28.05.1997, therefore, it would be in the fitness of things if the petitioner is permitted to file representation before the competent authority for consideration of his case for ad-hoc promotion and that representation is considered and decided by passing a reasoned and speaking order within a fixed time frame. 6. In view of the aforesaid reasons, this writ petition is disposed of finally with liberty to the petitioner to file representation before the competent authority for consideration of his case for ad-hoc promotion on the higher post in terms of Clause-10 of the Government Order dated 28.05.1997, within a period of 15 days from today and if such representation is preferred, the same shall be considered and decided by the competent authority, by passing a reasoned and speaking order within a period of two months thereafter. 7. It is also provided that if at later point of time occasion arises for the petitioner to challenge the order dated 09.01.2025, which is impugned in this petition, it would remain open for him to challenge the same by filing fresh writ petition. September 25, 2025 Renu/- WRIA No. 11342 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench