Court No. - 34
Case :- WRIT - A No. - 59383 of 2014 Petitioner :- Devi Dayal Gautam Respondent :- State Of U.P. Thru' Secry. And Another Counsel for Petitioner :- Siddharth Khare,Shri Ashok Khare Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Heard learned counsel for parties and perused the record.
2. Petitioner is seeking a mandamus commanding respondents to promote him as Apar Mukhya Adhikari from the date his juniors have been promoted.
3. It is nowhere stated in the entire writ petition that petitioner was not considered for promotion when others were considered. In fact, in para 20 petitioner himself has admitted that he has been superseded in promotion. If that be so, no mandamus can be issued to respondent to promote petitioner from the date his juniors were promoted can be issued.
4. Counsel for petitioner admitted that criteria for promotion is seniority subject to rejection of unfit and once petitioner has been considered and not found fit for promotion, no such direction can be issued.
5. The writ petition lacks merits. Dismissed.
Order Date :- 30.5.2018 PS