Court No. - 33
Case :- WRIT - A No. - 14151 of 2020 Petitioner :- Awadh Kishore Upadhyaya And Another Respondent :- District Judge, Mahoba Counsel for Petitioner :- Krishna Kant Shukla Counsel for Respondent :- Ashish Mishra
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner and Sri Rahul Srivastava for the respondents.
Petitioner is claiming promotion in the district judgeship concerned.
Record of the present writ petition goes to show that the petitioner was terminated by the District Judge concerned and aggrieved by such order he has already filed Writ Petition No. 20722 of 1997, in which an interim order has been granted. The writ petition is still pending consideration.
In the facts of the present case remedy of the petitioner would be to get his earlier writ petition decided on merits, inasmuch as his claim for promotion cannot be considered so long as his continuance remains under interim orders of this Court.
Mere fact that benefit of promotion has been granted to anyone else would not constitute any basis to claim parity in inasmuch as equity is positive concept and no direction contrary to law is required to be passed.
Subject to the observation, this petition is consigned to record.
Order Date :- 6.1.2021 Pkb/