Court No. - 33
Case :- WRIT - A No. - 14277 of 2020 Petitioner :- Ashok Kumar Goswami Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sushma Yadav,Hirdesh Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's claim for promotion to Class III post was directed to be considered pursuant to an order passed by this Court in Writ Petition No. 11007 of 2019. Claim of petitioner in that regard has been rejected by the order impugned, dated 23rd November, 2019, which records that petitioner is one of the junior most Class IV employee and as claim of his seniors are pending for promotion, as such, petitioner is not entitled to be considered for promotion.
Learned counsel for the petitioner states that petitioner is the senior most employee.
Upon being confronted with the observation and finding contained in the impugned order that seniors to petitioner are still available, learned counsel has produced the seniority list of Class IV employees, which is taken on record. As per this seniority list, petitioner's name figures at Serial No. 31. There are number of persons senior to petitioner, who possess minimum qualification of Intermediate for promotion to the post of Class III employee. The specific finding in the order impugned that petitioner is not entitled to be considered for promotion on account of his placement lower in the seniority list has otherwise not effectively been challenged. Since persons senior to petitioner are otherwise available, whose claim are yet to be considered, no exception can be taken if the petitioner's claim for promotion is rejected. Even otherwise neither the petitioner claims that any of his junior has been considered or that his claim has been overlooked.
The writ petition lacks merit and is, accordingly, dismissed.
Order Date :- 6.1.2021 Ranjeet Sahu