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Allahabad High Court · body

2025 DAILYLAW 183129 (ALL)

KAMTA PRASAD SRIVASTAVA v. SANJAY GANDHI POST GRADUATE INSTITUTE OF MEDICAL SCIENCE LKO. THRU. PRESIDENT AND 3 OTHERS

WRIA/14682/2025 · 2025-12-17

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14682 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard Mr. Sunil Sharma, learned counsel for the petitioner, Mr. Shubham Tripathi, counsel for the respondents and perused the record. Instant petition has been filed with the following reliefs:- "1. Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties no.1 and 2 to consider promoting petitioner notionally to the post of Senior Administrative Officer w.e.f. 01.06.2024, before considering juniors as per the recruitment/promotion rules, in the interest of justice. 2. Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties to release the consequential benefits, which includes revision of retiral dues, in the interest of justice. 3. Issue any other order or direction which this Hon'ble Court may deem just, fit and proper in the circumstances of the case. 4. Allow the writ petition with cost." Learned counsel appearing for the petitioner submits that the Juniors to the petitioner and the other identically situated persons have been considered for promotion, whereas, the petitioner has been deprived of. He submitted that though the petitioner has been retired, but his lawful claim has been declined by not granting the promotion to him during his service period. He submits that the petitioner has made claim before the respondent no. 2 on 23.09.2025, which is still pending consideration. He added that interest of justice would be sub-served if this Hon'ble Court may be pleased to direct Versus Counsel for Petitioner(s) : Sunil Sharma, Anshuman Srivastava Counsel for Respondent(s) : Shubham Tripathi Kamta Prasad Srivastava .....Petitioner(s) Sanjay Gandhi Post Graduate Institute Of Medical Science Lko. Thru. President And 3 Others .....Respondent(s) the respondent no. 2 to consider and decide the claim of the petitioner, within stipulated period of time as may be fixed by this Court. Learned counsel for the respondents submits that the petitioner has been retired one and half year ago and at this stage, he can't claim regarding his promotion. Be that as it may, without entering into the merit of the case, the respondent no.2/Director and Chairman, Departmental Promotion Committee Sanjay Gandhi Post Graduate Institute of Medical Sciences(SGPGIMS), is hereby directed to consider and decide the claim of the petitioner dated 23.09.2025, within a period of six weeks, in accordance with law, from the date, a certified copy of this order is produced before him. With the aforesaid observations, the instant petition is disposed of. December 17, 2025 Mayank WRIA No. 14682 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench