PIYUSH KUMAR SRIVASTAVA v. HONOURABLE HIGH COURT OF JUDICATURE AT ALLAHABAD THRU. REGISTRAR GENERAL PRAYAGRAJ AND 3 OTHERS
WRIA/12963/2025 · 2025-11-11
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188569 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188569 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12963 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner and Mr. Shishir Jain, learned counsel appearing on behalf of the opposite parties. 2. Present petition under Article 226 of Constitution of India has been filed seeking the following main relief:-
"(i). To issue a writ, order or direction in the nature of Mandamus commanding the Opp-party no.2 to treat the petitioner's promotion to the post of Assistant Registrar from the date his junior has been so promoted without taking the minor punishment of withholding of one increment for a period of one year with non cumulative effect in perpetuity and also to promote the petitioner as deputy registrar w.e.f. 27.09.2025 when the person junior to the petitioner has been so promoted."
"(ii). To issue a writ, order or direction in the nature of Mandamus commanding the Opp-party no.2 to re- fix the petitioner's seniority strictly in accordance with the gradation list dated 01.03.2016 along with all the consequential benefits by treating the minor punishment of withholding of one increment for a period of one year with non cumulative effect as having exhausted and not in existence after completion of one year form the date of inflicting of such punishment."
3. Learned counsel for opposite parties at the very outset has raised a preliminary objection with regard to entertainability of this petition on ground that earlier petitioner's representation dated 04.04.2017 seeking promotion on the post of Section Officer was rejected vide order dated 05.05.2017 and although in the present petition, benefit has been sought for promotion on the post of Assistant Registrar with effect from the date junior to petitioner has been so promoted, aforesaid order of rejection dated 05.05.2017 would have a cascading effect but has not been challenged. 4. In view of such objections being raised, learned counsel for Versus Counsel for Petitioner(s) : Lalta Prasad Misra, Tarun Mishra Counsel for Respondent(s) : Gaurav Mehrotra Piyush Kumar Srivastava .....Petitioner(s) Honourable High Court Of Judicature At Allahabad Thru. Registrar General Prayagraj And 3 Others .....Respondent(s)
petitioner, on the basis of instructions, seeks to withdraw this petition with liberty to file afresh in order to effect challenge to the said order. 5. In view thereof, the petition is dismissed with aforesaid liberty.
November 11, 2025 kvg/- WRIA No. 12963 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench