Court No. - 43
Case :- WRIT - A No. - 9422 of 2019 Petitioner :- Akhilesh Kumar Chaurasia Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Saxena Counsel for Respondent :- C.S.C.,Omkar Dutt Malviya
Hon'ble Ashwani Kumar Mishra,J.
Pursuant to a direction issued by this Court on 4.7.2018 in Writ Petition No. 14301 of 2018, the respondent authorities initiated proceedings to fill up the post by promotion. Petitioner was consequently given an opportunity to participate in the exercise undertaken for the purpose.
It appears that on the first occasion, the petitioner did not take part in the type test and on the second occasion he showed reluctance to appear in the type test. In that circumstances, petitioner's claim has not been considered for promotion. Aggrieved by the rejection of his claim for promotion, the petitioner is before this Court.
Sri O.D. Malviya, learned counsel appearing for the respondents has produced the attendance sheet, as per which, type test was undertaken in the Government I.T.I. Banda. Petitioner on 29.9.2018 has clearly given in writing that he is not prepared to take part in the type/computer test.
Learned counsel for the petitioner submits that petitioner is now ready for type test.
At the time when promotional exercise was undertaken, the petitioner has not participated in the type test, in such circumstances, no exception can be taken if petitioner is not promoted. It is otherwise not disputed that type test was a part of the proceedings to be undertaken for promotion.
The writ petition lacks merit and is accordingly dismissed. It is, however, provided that as and when a fresh promotional exercise would be undertaken, the claim of the petitioner would be considered at that stage also.
Order Date :- 31.5.2019 Ranjeet Sahu