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2025 DAILYLAW 173569 (ALL)

SHRI PRADEEP AGARWAL v. THE U.P. RAJKIYA NIRMAN NIGAM LTD. THRU ITS MANAGING DIRECTOR AND ANOTHER

WRIA/340/2023 · 2025-10-29

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 340 of 2023 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. Shishir Jain, learned counsel for the respondents and perused the record. Instant petition has been filed with the following reliefs:- "(A) issue a writ order or direction in the nature of Mandamus commanding the opposite parties to open the seal cover by which the petitioner's promotion was withheld on the post of accountant to AAO-II and AAO-1. (B) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to give the promotional benefit to the petitioner with effect from the date of D.P.C. (Departmental Promotional Committee). (C) issue any other writ, order or direction which this Hon'ble Court may deems fit and proper in the circumstances of the case may also be passed in favour of petitioner." The contention of learned counsel for the petitioner is that the petitioner has been retired in year 2019 and regarding his promotion, the sealed cover proceeding has been adopted, because of censored entry awarded to him, but the same has still not be opened. After arguing at length, learned counsel for the petitioner submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased to give liberty to the petitioner to move a fresh representation for opening the sealed cover, for promotion on the post of Accountant to AAO-II and Versus Counsel for Petitioner(s) : Shobhit Nigam, Ankit Kumar Trivedi Counsel for Respondent(s) : Shishir Jain Shri Pradeep Agarwal .....Petitioner(s) The U.P. Rajkiya Nirman Nigam Ltd. Thru Its Managing Director And Another .....Respondent(s) AAO-I and the respondent no. 1 may be directed to consider & decide the same, within stipulated period of time as may be fixed by this Court. Learned counsel for the opposite parties have no objection to the contention aforesaid. Be that as it may, without entering into the merit of the case, the petitioner is permitted to move a fresh representation within period of 15 days, and if such representation is moved within aforesaid period, the respondent nos. 1/Managing Director, U.P. Rajkiya Nirman Nigam Ltd., is hereby directed to consider and decide the same, within a period of six weeks, in accordance with law, from the date, a certified copy of this order is produced before him. Needless to say that if it is found that the petitioner is entitled for promotion as above-said, the service benefits including the promotional benefits shall be given to him, within next two months. With the aforesaid observations, the instant petition is disposed of. October 29, 2025 Mayank WRIA No. 340 of 2023 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench