Court No. - 58
Case :- WRIT - A No. - 15758 of 2018 Petitioner :- Abhishek Shanker Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rakesh Pande Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has been denied promotion apparently on the ground that though a compassionate appointment was issued to him in the year 2000, but the petitioner remained absent from 2003 to 2012. Leave has been sanctioned for the period 2003 to 2007 only. It appears that for the subsequent period, the leave itself has not been sanctioned. Such period, therefore, has not been counted for considering the claim of petitioner for promotion. Certain comments etc. have been called in the matter from the authority concerned. Aggrieved by this order, petitioner is before this Court.
Learned counsel for the petitioner submits that petitioner's appointment on compassionate ground cannot be treated to be a temporary appointment, and that all subsequent period is liable to be included for counting petitioner's eligibility for promotion.
The petition is opposed by learned Standing Counsel, by submitting that unless petitioner's leave application from 2007 to 2012 is sanctioned, his claim cannot be considered.
From the facts and circumstances, noticed above, this Court finds that there is no specific order sanctioning or denying leave to petitioner from 2007 to 2012. A specific order in that regard has to be passed by the competent authority. Based upon such decision, the authority concerned would have to take a decision with regard to grant of promotion to petitioner.
The question as to whether such period of leave has to be counted towards service rendered would be dependent upon the decision taken on the leave application.
This writ petition, accordingly, stands disposed of with a direction upon the competent authority to take a decision on the petitioner's application for grant of leave, and thereafter to pass an appropriate order in respect of petitioner's claim for promotion. Petitioner shall be at liberty to annex all materials in support of his claim, including leave application. The required consideration shall be made at the level of respondent no.2, within a period of four months from the date of presentation of certified copy of this order.
Order Date :- 30.7.2018 Anil