Court No. - 38
Case :- WRIT - A No. - 11020 of 2019 Petitioner :- Lal Bahadur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashish Pandey,Ashish Pandey Counsel for Respondent :- C.S.C.,M.N. Singh
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State authorities and Sri V. N. Mishra, learned counsel for respondent no.4.
Petitioner has been granted notional promotion vide order dated 25.7.2018 from the date his junior has been promoted.
It appears that actual promotion was not granted to the petitioner in view of the fact that an order of punishment had been passed against the petitioner on 10.7.2013. Under the policy of the State it is only after expiry of five years period that petitioner's claim for promotion could have been considered. In terms of the policy actual promotion to petitioner would not be permissible for a date before expiry of five years period from the date of passing of order of punishment.
Since junior to petitioner has already been granted promotion as such notional benefits have been granted immediately after expiry of five years period. The order under challenge is in accordance with the rules and no error or illegality has been shown therein. Challenge laid to the order impugned, therefore, fails.
Writ petition is, accordingly, dismissed.
Order Date :- 25.7.2019 Ashok Kr.