Court No. - 58
Case :- WRIT - A No. - 17937 of 2018 Petitioner :- Kant Kumar Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kailash Prakash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Grievance of the petitioner is that he is eligible in terms of the provisions of U.P. Police Sub-inspector and Inspector Service Rules, 2015 for promotion to the post of Inspector and that persons junior to him have been considered for the purposes, yet his claim has not been considered so far. It is stated that in terms of the Government Order dated 30.6.1993 petitioner's services are satisfactory and there are no criminal or disciplinary proceedings pending against the petitioner, inasmuch as during the last 5 years, no order adverse to petitioner has been passed. It is contended that in such circumstances, petitioner's claim is liable to be considered from the date his juniors have been considered.
Learned Standing Counsel submits that as issues of fact would require determination, the authorities be permitted to examine the same, at the first instance.
Considering the above, this petition stands disposed off, permitting the petitioner to approach respondent no.2, in respect of his grievance, as noticed above, and the same shall be dealt with in accordance with law, within a period of four months from the date of presentation of certified copy of this order. Needles to say that in case the petitioner is found eligible for promotion under the Rules, and persons junior to him have been promoted, his claim shall also be considered from the date their juniors have been granted promotion.
Order Date :- 23.8.2018 LN Tripathi