Court No. - 16
Case :- WRIT - A No. - 8593 of 2018 Petitioner :- Pushpendra Kumar Singh Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Atiqur Rahman Siddiqui Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
It is stated that adverse entry was awarded to petitioner for the year 2016- 2017, against which a representation filed by the petitioner is pending. It is averred in para 12 of the writ petition that the representation of petitioner has not been disposed of, and therefore, the same cannot be read against him, in view of Rule 5 of the U.P. Government Servants (Disposal of Representation against Adverse Annual Confidential Reports and Allied Matters) Rules, 1995. Rule 5 of the Rules reads as under:-
"5. Except as provided in rule 56 of the Uttar Pradesh Fundamental Rules contained in Financial Handbook, Volume II, Parts II to IV, where an adverse report is not communicated or representation against the adverse report has not been disposed of in accordance with Rule 4, such report shall not be treated adverse for the purpose of promotion, cross of Efficiency Bar and other service matters of the Government Servant concerned."
Grievance of the petitioner is that his representation against grant of adverse entry is pending, and his claim for promotion has been discarded on account of it, and persons junior to him have been promoted. In respect of such grievance, petitioner has also approached the competent authority for consideration of his case, in accordance with rules.
Learned Standing Counsel submits that grievance of petitioner shall be examined, in accordance with law.
Considering the above, this writ petition stands disposed of permitting the petitioner to approach respondent no.2, alongwith certified copy of this order, within two weeks from today. Petitioner shall be at liberty to annex all materials in support of his claim. In case representation filed against adverse entry has not been decided, such entry would not be read against him in view of Rule 5. The concerned authority shall examine the grievance of petitioner with reference to the provisions of the Rules and in accordance with law, within a further period of three months, thereafter.
Order Date :- 27.3.2018 Anil