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2025 DAILYLAW 79412 (ALL)

MUKESH KUMAR v. PASCHIMANCHAL VIDYUT VITRAN NIGAM LTD AND 4 OTHERS

WRIA/10708/2025 · 2025-08-05

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132403 Court No. - 5 Case :- WRIT - A No. - 10708 of 2025 Petitioner :- Mukesh Kumar Respondent :- Paschimanchal Vidyut Vitran Nigam Ltd And 4 Others Counsel for Petitioner :- Manoj Kumar Shukla,Manu Mishra Counsel for Respondent :- Brajesh Pratap Singh,Jitendra Sarin Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Manu Mishra, learned counsel for petitioner, Sri Brijesh Pratap Singh, Advocate for Respondents-1 and 2 and Sri Jitendra Sarin, Advocate for Respondents-3 to 5. 2. Petitioner is aggrieved that his claim for promotion from Class- IV to Class-III was rejected on ground that he has passed B.A. Degree from a Distant Learning Institution, wrongly relying on an Office Memorandum dated 12.05.2015. 3. Learned counsel for petitioner submits that petitioner’s case ought to have been considered in terms of Government Order dated 01.10.2001 where there is no bar of Distant Learning Education. However, respondents have wrongly relied on Office Memorandum dated 12.05.2015 which has specifically barred that Diploma and Degree through Distant Learning Institution shall not be considered for direct recruitment as well as promotion. Learned counsel further submits that nothing has been mentioned in impugned order that aforesaid Office Memorandum has been adopted so far as above restriction is concerned with regard to promotion from Class-IV to Class-III. 4. Learned counsel appearing for Respondents-3 to 5 submits that he has not received specific instructions, however, since impugned order does not reflect about the Government order dated 01.10.2001 as well as reason to adopt the Office Memorandum dated 12.05.2015, so far as above referred bar is concerned, therefore, he submits that claim of petitioner will be reconsidered and a reasoned order will be passed. 5. In aforesaid circumstances and taking note of submission made by learned counsel for Respondents-3 to 5, impugned order dated 15.06.2024 is hereby set aside and matter is remitted back to concerned respondent to pass a fresh order taking note of above observations, within a short period. 6. The writ petition is accordingly disposed of. Order Date :- 6.8.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad