Court No. - 33
Case :- WRIT - A No. - 8428 of 2021 Petitioner :- Mohammad Imran Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Parvat Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's claim for appointment to the post of Head Constable in the promotional exercise of the year 2017 was apparently overlooked as an adverse entry had been awarded to him in the year 2015. Learned counsel for the petitioner submits that this order was passed on 7.9.2017 and ought not to have been taken note of at the time of promotional exercise, which was undertaken after 7.7.2017.
Petition is opposed by learned Standing Counsel.
Admittedly the promotion was in the year 2017 and character roll entries for the period of 05 years i.e. uptill 2012 were relevant. An adverse entry had been awarded to petitioner in the year 2015. In such circumstances the respondents have rightly overlooked the petitioner's claim as he was not having satisfactory service for a period of 05 years.
This writ petition, consequently, lacks merit and is dismissed.
It is, however, provided that as and when any subsequent promotional exercise would be undertaken, the claim of petitioner would be examined provided there is no other adverse material available for the period of 05 years.
Order Date :- 27.7.2021 Anil