Court No. - 42
Case :- WRIT - A No. - 9273 of 2019 Petitioner :- Rajesh Kumar Rai Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Nagesh Dwivedi,Shiva Kumar Lal Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Shiva Kumar Lal, learned counsel for the petitioner and learned Standing Counsel for the respondent-State.
The petitioner claims that he is entitled to be promoted to the post of Head Constable. The petitioner possesses the necessary qualifications as well as seniority to be so promoted. In short, the petitioner is eligible for promotion as per the service rules governing and regulating promotions of constables to head constables. The petitioner has made a representation in this regard. The representation of the petitioner has not been decided till date.
The only submission of Sri Shiva Kumar Lal, learned counsel for the petitioner is that the representation of the petitioner may be decided within a stipulated period of time.
Per contra, learned Standing Counsel for the respondent-State submits that the reasons for denial of promotion have to be verified by the competent authority.
No useful purpose will be served by keeping the petition pending. With consent of parties, the writ petition is being finally disposed off.
The matter is remitted back to the respondent No.3-Uttar Pradesh Recruitment and Promotion Board.
A writ of mandamus is issued commanding the respondent No.3-Uttar Pradesh Recruitment and Promotion Board to decide the representation of the petitioner for promotion to the post of Head Constable, preferably, within period of four months from the date of receipt of a certified copy of this order along with a fresh copy of the representation.
It is open to the petitioner to submit all relevant documents or testimonials in support of his candidature along with his representation. The representation shall be decided by the respondent No.3 by a reasoned and speaking order in accordance with law.
It is clarified that this Court has not gone into the veracity of the assertions of the writ petition nor has judged the claim of the petitioner on merits. It is for the competent authority to do so with an independent application of mind.
With the aforesaid direction the writ petition is finally disposed off.
Order Date :- 30.5.2019 Ashish Tripathi