Court No. - 58
Case :- WRIT - A No. - 16622 of 2018 Petitioner :- Pradeep Kumar Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Arvind Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 7.8.2018:-
"The petitioner seeks to challenge the promotion order dated 28.02.2018 issued by respondent no.3 on the ground that the juniors to him have been promoted while denying consideration to the claim of the petitioner for grant of promotion.
Submission in paragraph no.20 of the writ petition is that as per the information received by the petitioner, his claim for promotion has not been considered on the ground that his character roll was incomplete and the entire service book including character roll was not placed before the Promotion Committee.
Learned Standing Counsel may obtain instructions. Put up on the additional cause list on 14.8.2018."
Learned Standing Counsel has obtained instructions, according to which since an order awarding adverse entry to the petitioner was passed on 31.1.2014, therefore, for a period of 05 years, his services were not treated to be satisfactory in terms of the Government Order dated 30th June, 1993.
Learned counsel for the petitioner submits that as per the Government Order, the period of 05 years would have to be counted from the date of incident and not from the date of order. This position is not disputed by the counsel for the respondents.
In such circumstances, on the relevant date i.e. 28.2.2018, the order dated 31.1.2014 would not be relevant inasmuch as the incident itself related to 26th September, 2012 and a period of 05 years had already expired since then. Denial of consideration of petitioner's claim for promotion, in the facts and circumstances, therefore, is found to be arbitrary.
Writ petition, accordingly, stands disposed of with a direction upon respondent no.5 to consider petitioner's claim for promotion, in accordance with law, and his claim would not be non-suited merely on account of the punishment order dated 31.1.2014, which pertains to the incident of 26.9.2012. The required consideration would be made within a period of three months from the date of presentation of certified copy of this order.
Order Date :- 23.8.2018 Anil