The petition seeks issuance of a writ in the nature of mandamus directing respondents to promote the petitioner on the post of Deputy Superintendent of Police with all consequential benefits w.e.f. 03.06.2020, the date, when similarly situated persons/juniors to the petitioner were promoted on the post of Deputy Superintendent of Police.
Learned counsel for the petitioner has submitted that State Government vide its order dated 29.12.2020 accorded approval to create 16 supernumerary posts for giving notional promotion on the post of Inspector to the petitioner and others from the date, the juniors were promoted. It is submitted that in the aforesaid order, the name of the petitioner finds mention at Serial No.1 and the petitioner was given the selection year 2008.
Learned counsel has submitted that all Inspectors working in the department against the vacancy of selection year 2008 have already been promoted but the petitioner has been left out as the selection year 2013 has wrongly been mentioned.
Learned counsel has further submitted that the petitioner earlier filed a writ petition bearing Writ Petition (SS) No.3512 of 2020, which was disposed of by a co-ordinate Bench of this Court vide order dated 07.02.2020 with direction to the concerned authority to decide representation of the petitioner within two months from the date of production of a certified copy of the order. It is submitted that in pursuance of order dated 07.02.2020 (supra), the authority concerned i.e. Additional Director General of Police, Establishment, Lucknow has decided representation in favour of the petitioner on 24.08.2020.
Learned counsel has submitted that since the petitioner is going to retire on 31.01.2021, he may be considered for the next promotion as per order dated 29.12.2020 before his date of superannuation.
Per Contra, Shri Vishal Verma, learned counsel for the State while opposing the petition that no case is made out for issuance of a writ of mandamus has submitted that he has no objection to the innocuous prayer made by petitioner's counsel for considering the petitioner for the next promotion as per order dated 29.12.2020 (Annexure - 5).
I have heard learned counsel for the parties and perused the record.
In view of the above, without commenting upon the merits of the case, the petitioner is directed to move a representation alongwith a copy of the petition as well as a copy of this order before respondent no.1/Principal Secretary, Home, Civil Secretariat, U.P., Lucknow within three days from today, who upon receipt of the said representation, shall consider and decide the same by way of passing a detailed order in accordance with law within 15 days.
With the aforesaid direction(s), the instant petition is disposed of.
Order Date :- 11.1.2021 nishant/-