Court No. - 6
Case :- WRIT - A No. - 10177 of 2021 Petitioner :- Ajay Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashok Kumar Ojha Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
The present writ petition, inter alia, has been filed with the following prayers:
"(a) Issue a writ, order or direction, in the nature of mandamus directing and commanding the respondent authorities, to consider the promotion of the Petitioner from the post of constable to the post of Head Constable, in pursuance of the seniority list dated 24.7.2019 issued by the respondent no.4, the Superintendent of Police, Karmik, U.P. Police Headquarters Prayagraj, under the provision of Rule 5 and 17 of the Uttar Pradesh Police Constable and Head Constable Service Rules- 2015.
(b) Issue a writ, order or direction, in the nature of mandamus directing and commanding the respondent authorities, to promote the Petitioner from the post of constable to the Head Constable, with all consecruential benefits, in pursuance of the seniority list dated 24/07/2019 issued by the respondent no.4, the Superintendent of the Police, Karmik, U.P. Police, Headquarters, Prayagraj, under the provision of Rule 5 and 17 of the Uttar Pradesh Police Constable and Head Constable Service Rules-2015."
The contention of the counsel for the petitioner is that the case of the petitioner has not been considered for promotion solely on the ground of censure entry of the year 2013. Counsel for the petitioner argues that in terms of the circular of the respondents dated 19.10.2015, it has been provided that only in the case where adverse entry has not been granted in the last three years, the claim of the petitioner cannot be denied for promotion, it is, thus, argued that the censure entry as referred to is of the year 2013 and is not within three years preceding the selection in question, as such, the denial of the claim for promotion is wholly illegal. He places reliance in the case of Anil Kumar Vs. State of UP and 5 others (Writ Petition (A) No. 23729 of 2018, judgment dated 29.5.2019) In view of the fact that the petitioner has already represented the matter, the petition is disposed off with liberty to the petitioner to file a fresh representation before the Respondent No. 5, who shall consider the case of the petitioner for promotion in the light of the judgment in the case of Anil Kumar Vs. State of UP and 5 others (Writ Petition (A) No. 23729 of 2018, judgment dated 29.5.2019) and in the light of the Circular dated 19.10.2015.
The said exercise shall be completed as expeditiously as possible preferably within a period of three months from the date of filing of a copy of this order.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of the order.
Order Date :- 13.8.2021 vinay