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2025 DAILYLAW 190927 (ALL)

SHAILESH KUMAR v. UNION OF INDIA AND 5 OTHERS

WRIA/12983/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 12983 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This writ petition is directed against order dated 18.07.2025 passed by Central Administrative Tribunal, Allahabad Bench, Allahabad whereby, while admitting the Original Application (OA), the prayer for interim relief has been rejected. 2. The petitioner approached the Tribunal aggrieved of the order dated 16.04.2025 and 23.04.2025 whereby respondent no. 6 was accorded promotion. Challenge was laid on account of seniority accorded to respondent no. 6 with the submissions that the said respondent was transferred on his own request and, therefore, was required to be placed at bottom seniority and as a consequence could not have been accorded promotion. 3. The Tribunal after hearing the parties, admitted the OA and issued notice to respondent no. 6 while passing an order on the prayer for interim relief, it was observed that the main relief and the interim relief sought were similar in nature and, therefore, the same could not be allowed at that stage and consequently rejected the prayer for interim relief. 4. Counsel for the petitioner made submissions that the Tribunal was not justified in rejecting the prayer for interim relief as the facts of the case are glaring wherein despite the statutory provision in placing the person on transfer on own request at the bottom seniority, promotion has been Versus Counsel for Petitioner(s) : V.K. Ojha for Rishabh Kumar Sriwastav Counsel for Respondent(s) : A.S.G.I., Mohammad Danish, Saiyed Jafar Ishtiaque, Shiv Kumar Pal Shailesh Kumar .....Petitioner(s) Union of India and 5 others .....Respondent(s) accorded to the said respondent and, therefore, the Tribunal should have exercised its power and granted interim relief. 5. Learned Deputy A.S.G.I. supports the order impugned. 6. We have considered the submissions made and have perused the material available on record. 7. Undisputedly, the respondent no. 6 on being accorded promotion has joined on the promotional post and the grant of interim relief, would have resulted in reverting him back to the position from where he was promoted. Such nature of the interim relief which is essentially mandatory in nature, in the given circumstances of the case, has rightly been refused by the Tribunal, which order does not call for any interference. 8. In view thereof, the petition has no substance and the same is, therefore, dismissed. 9. Looking to the nature of petition, in case the respondent no. 6 has been served, the Tribunal shall expedite the hearing. October 15, 2025 Sandeep/AKShukla WRIA No. 12983 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- SANDEEP KUMAR High Court of Judicature at Allahabad