Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 191510 (ALL)

RANJEET BAHADUR AND 42 OTHERS v. THE STATE OF U.P. AND 5 OTHERS

WRIA/14881/2025 · 2025-10-12

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14881 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Vijay Gautam, learned Senior Counsel assisted by Ms. Atipriya Gautam, learned counsel for the writ petitioners, who are 43 in number and Sri Pramod Kumar Srivastava, learned Addl. Chief Standing Counsel for the State. 2. The case of the writ petitioners as recapitulated in para-17 of the writ petition at page-23/24 of the writ petition is that they were appointed as Constable in PAC from the year 1988 to 1995 and they were granted promotion as Head Constable on the post of Armourer on 02.04.2022. 3. The grievance of the writ petitioners is that in view of the rules by the name and style of Uttar Pradesh Police Armourer Branch Subordinate Service Rules, 2016 in particular, Rule 5, there are certain criteria for being granted promotion on the post of Sub-Inspector, Armourer, which includes criteria Seniority subject to rejection of unfit, three years continuous service on the date of the selection year and completion of a course. Learned counsel for the writ petitioners submits that the writ petitioners are fully eligible and qualified for being accorded promotion, but their candidature has not been considered. 4. Prayer in the present writ petition is for a direction to the respondent no.3, A.D.G, Establishment/Karmik, D.G.P. Headquarters, Police Bhawan, Shaeed Path, Signature Building Gomti Nagar Extension, U.P. Lucknow to consider the claim of the writ petitioner for promotion on the post of Sub- Inspector in accordance with the Rules on the basis of the seniority, subject to rejection of unfit from the date, from the date when their batch-mate has Versus Counsel for Petitioner(s) : Atipriya Gautam, Divya Jyoti, Shubham Tripathi Counsel for Respondent(s) : C.S.C. Ranjeet Bahadur And 42 Others .....Petitioner(s) The State Of U.P. And 5 Others .....Respondent(s) been granted appointment and other consequential benefits. 5. Learned Addl. Chief Standing Counsel on the other hand submits that the writ petitioners do not possess a legal right to be promoted but their right is only for consideration for promotion. According to him, promotion depends upon various factors, which include seniority, suitability, and the vacancy also. He submits that a conscious decision to be taken by Respondent no.3, looking into the fact whether the writ petitioners come within the zone of consideration. 6. Considering the submissions so made across the Bar and after perusing the records, the writ petition stands disposed of in the following manner:- (a) The writ petitioners shall file a comprehensive representation along with the self-attested copy of the writ petition, certified copy of the order before Respondent no.3 by 31.10.2025. (b) On the said motion, the third respondent shall consider the claim of the writ petition bearing in mind, eligibility, suitability, vacancty etc. 7. The said exercise is to be undertaken within a period of four months from the date of production of certified copy of the order. 8. Needless to point out that passing of the order today, may not be construed to be an expression that this Court has entered into merits of the matter and the authority shall pass an order strictly in accordance with law without being obsessed or influenced by any of the observations made hereinabove. October 13, 2025 N.S.Rathour WRIA No. 14881 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad