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2025 DAILYLAW 30467 (ALL)

RAJ KUMAR PANDEY v. STATE OF U.P. AND 6 OTHERS

WRIA/3367/2025 · 2025-07-24

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122719 Court No. - 5 Case :- WRIT - A No. - 3367 of 2025 Petitioner :- Raj Kumar Pandey Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vivekanand Yadav Counsel for Respondent :- Ajay Kumar Srivastava,Arun Kumar Tiwari,C.S.C.,Dileep Kumar Srivastava Hon'ble Saurabh Shyam Shamshery,J. 1. Petitioner, a Class-IV employee, is admittedly senior to respondent-7 for about 12 years. In the meeting of Departmental Promotion Committee (D.P.C.), respondent- 7 was considered for promotion and accordingly, an order was passed. Name of petitioner and one another despite being senior were not considered on a ground that they have submitted an independent affidavit that they do not want promotion. The D.P.C. took place on 26.08.2022. 2. Sri Vivekanand Yadav, learned counsel for petitioner has referred various documents annexed along with this writ petition, rejoinder affidavit as well as amendment application and submits that petitioner has earlier approached concerned respondents making a specific statement that respondents have taken his signature on blank stamp paper which was taken note by concerned respondents also. Though first objection was taken after more than 2 years that petitioner has put his signature on blank papers, therefore, Court is of the opinion that at this stage, when objection was taken at a belated stage, the promotion of respondent-7 cannot be interfered. 3. Petitioner is before this Court and he has categorically made statement that he has signed on blank paper and contents of it were typed later on. There was no reason for him to forego the promotion. 4. S/Sri Arun Kumar Tiwari and D.K. Srivastava, learned advocates for respondents submit that petitioner has never challenged veracity of affidavit and it is only after when he was not considered for promotion, he has come up with an allegation that he has signed on blank stamp paper. 5. I have considered above submissions and perused the records. 6. At this stage, Court is not entering whether petitioner has signed on blank stamp paper or not since he has already suffered and respondent-7 has been promoted, therefore, his promotion cannot be challenged at belated stage as well as whether petitioner has put signature on a blank stamp paper requires an inquiry and since it has an element of disputed question of facts, therefore, cannot be considered and decided in present writ petition. 7. Court also takes note that even such affidavit is filed and now petitioner has come up with a case that ignoring said affidavit, he may be considered for promotion, the Court can consider above submission since it is a bonafide expectation of petitioner to get promotion from Group-D to Group-C. 8. Therefore, in the interest of justice, this writ petition is disposed of that in subsequent meeting of D.P.C., claim of petitioner be considered ignoring the affidavit, subject to other conditions and Court hopes that meeting of D.P.C. will take place within a reasonable period on basis of availability of promotional posts. Order Date :- 25.7.2025 N. Sinha Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad