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2026 DAILYLAW 5088 (ALL)

SUNIL KUMAR YADAV v. THE STATE OF U.P. AND 2 OTHERS

WRIA/13952/2026 · 2026-09-07

Manish Kumar Nigam

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13952 of 2026 Court No. - 33 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 2. The instant writ petition has been filed for the following relief: "(a) Issue, a writ, order or direction in the nature of mandamus commanding the respondent no. 1 to grant promotion to the petitioner on the post of Deputy Commissioner, Handloom and Textiles with effect from 17.05.2018 and on the post of Joint Commissioner, Industries (Handloom) with effect from 11.08.2025 as granted to the Respondent no. 3 who is junior to the petitioner as per Rule 5 of U.P. Government Servants (Seniority) Rules, 1991. (b) Issue, a writ, order or direction in the nature of mandamus commanding the Respondent no.1 to consider and decide the representation of the petitioner dated 20.07.2026 filed before the Respondent no. 1 through the Respondent no. 2 in accordance with law, preferably within a period of 4 weeks or as per direction of this Hon'ble Court. (Annexure-1 to the Writ Petition)." 3. Learned counsel for the petitioner submitted that the petitioner is seeking promotion on the post of Deputy Commissioner for which he has moved a representation which is pending consideration. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and it would be appropriate to direct Versus Counsel for Petitioner(s) : Nikhil Kumar Yadav, Vagish Yadav Counsel for Respondent(s) : C.S.C. Sunil Kumar Yadav .....Petitioner(s) The State Of U.P. And 2 Others .....Respondent(s) the respondent no.1 to decide the representation of the petitioner within a time frame as fixed by this Court. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to respondent No. 1 to consider and decide the aforementioned representation of the petitioner, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. September 8, 2026 Ved Prakash WRIA No. 13952 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad