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2025 DAILYLAW 56010 (ALL)

SATENDRA SINGH MALIK v. STATE OF U.P. AND 5 OTHERS

WRIA/17669/2023 · 2025-01-24

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13189 Court No. - 6 Case :- WRIT - A No. - 17669 of 2023 Petitioner :- Satendra Singh Malik Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Devesh Mishra,Rishabh Kesarwani Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. Heard learned counsel for the petitioner and learned Standing Counsel. Present petition has been filed seeking following relief:- "a). Issue a writ, order or direction in the nature of mandamus directing the Respondent Authorities to fix the seniority of the petitioner w.e.f. 2012, as a Sub-Inspector and to promote the petitioner from the post of Sub-Inspector to Inspector, in accordance with the provision of Rule-5 & 17 of Uttar Pradesh Sub-Inspector and Inspectors (Civil Police) Service (Fifth Amendment) Rules-2018 from the date similarly situated persons and Juniors to the petitioner have been granted promotion, with all consequential benefits, in view of law laid down by Hon'ble Apex Court in Case of R. K. Singh Vs. State of U.P. and others reported in 1991 (Supp). SCC 126. b) Issue, a writ order or direction in the nature of mandamus, directing the Respondent Authorities to fix the seniority of the petitioner w.e.f. 2012 as a Sub-Inspector and to consider the promotion of the petitioner from the post of Sub-Inspector to Inspector, under the provision of Rule-5 & 17 of Uttar Pradesh Sub-Inspector and Inspectors (Civil Police) Service (Fifth Amendment) Rules-2018 from the date similarly situated persons and Juniors to the petitioner have been granted promotion, with all consequential benefits, in view of law laid down by Hon'ble Apex Court in Case of R. K. Singh Vs. State of U.P. and others reported in 1991 (Supp). SCC 126." Learned counsel for the petitioner submitted that for redressal of his grievance, petitioner has filed representation dated 13.07.2023 before respondent No. 3, but till date no decision has been taken. Lastly, it is submitted that a direction may be issued to respondent No. 3 to decide the aforesaid representation within a stipulated time, for which learned Standing Counsel has no objection. In view of the facts and circumstances of the case, the writ petition is disposed of directing respondent No.3 to decide the representation of the petitioner dated 13.07.2023 in accordance with law maximum within period of three months from the date of submission of certified copy of this order. It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No.3 to pass order after considering the relevant Rules as well as facts of the case. Order Date :- 24.1.2025 AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad