Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 170261 (ALL)

GAURAV TRIPATHI AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF FINANCE LKO. AND 2 OTHERS

WRIA/12350/2024 · 2025-01-28

Alok Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:6038 Court No. - 6 Case :- WRIT - A No. - 12350 of 2024 Petitioner :- Gaurav Tripathi And 3 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Finance Lko. And 2 Others Counsel for Petitioner :- Mukesh Kumar,Jayendra Singh,Poonam Tiwari Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Mukesh Kumar, learned counsel for the petitioner as well as learned Standing Counsel for respondents. 2. The grievance raised by the petitioners in the present writ petition is with regard to their promotion to the post of Accountant w.e.f. 01.01.2024 when other similarly situated persons including their juniors have been promoted along with consequential benefits. 3. It has been submitted by learned counsel for the petitioners that they are working on the post of Assistant Accountant since 2020 and are fully entitled and qualified to be promoted to the next higher post of Accountant. The DPC was duly constituted for the promotion to the post of Accountant where their candidature was duly considered but result of the DPC was published on 01.01.2024 where their names were missing and being aggrieved by the said order present writ petition has been filed. 4. Learned Standing Counsel has submitted that the candidature of the petitioners was duly considered and they were found to be fully eligible to be promoted to the next higher post of Accountant but only due to the fact that their documents pertaining to their educational qualifications were not certified, accordingly, no orders for promotion were passed. 5. It has further been submitted that subsequently their documents have been verified and were found in order and have stated that their orders for promotion would be passed in the next Departmental Promotion Committee meeting. 6. At this stage, learned counsel for the petitioners submits that their case have been duly considered by the D.P.C. on 01.01.2024 alongwith similarly situated persons who have been promoted, they should be given promotion w.e.f. 01.01.2024 and order should be passed by the same D.P.C. which has already considered their case for promotion along with other persons who have been promoted. 7. Learned Standing Counsel could not justify the portion of the order by which it has been informed that the candidature of the petitioners would be considered in the next D.P.C. 8. Once the candidature of the petitioners have been duly considered by the D.P.C. and they have been found to be qualified and only necessary orders for promotion could not be passed only due to the fact that at that point of time their educational qualification documents could not be verified but subsequently relevant documents have been received, from which it transpires that documents are in order and accordingly there is no infirmity for promoting them to the post of Accountant. Accordingly, it is a fit case for directing the respondents to pass appropriate orders for promotion of the petitioners to the post of Accountant forthwith. 9. A D.P.C. once constituted has to consider all the candidates placed before it for consideration. The matter of petitioners was duly considered but no final decision was taken due to their educational certificates being not verified but, undisputedly the certificates were thereafter verified. 10. Thus the matter would be deemed to be pending before the D.P.C. till a decision is taken one way or the other. 11. Let the said exercise be done by respondent No. 3, expeditiously, say, within a period of two weeks from the date a certified copy of this order is produced before him. 12. In view of aforesaid observations / directions, the writ petition stands allowed. Order Date :- 28.1.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench