Court No. - 36
Case :- WRIT - A No. - 12815 of 2018 Petitioner :- Santosh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Kumar Singh,Shri Prakash Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The petitioner seeks a writ in the nature of mandamus commanding the respondent no. 1 to take a decision on the representation filed by him on 16.1.2018 for considering his candidature for promotion to the post of Food Inspector.
On a pointed query made by the Court as to what are the relevant rules for promotion and whether the petitioner falls within the zone of consideration, no plausible answer could be given by the learned counsel for the petitioner. He has insisted that the petitioner has wrongly been reverted vide order dated 3rd, September, 2015 to class IV post on the ground that he was promoted giving benefit of reservation. and further the petitioner has moved several representations before the competent authority, but there has been no consideration.
Admittedly, the petitioner has been reverted vide order dated 3rd September, 2015 in the light of the law laid down by the Apex court in Civil Appeal No. 2608 of 2011 (U.P. Power Corporation Ltd. vs. Rajesh Kumar and others) that the reservation quota cannot be applied in the matter of promotion. He has not challenged the order of reversion till date. Repeated representations moved by the petitioner for fresh consideration cannot be a ground to issue the writ of mandamus.
For the above noted reasons, the writ petition is found misconceived and dismissed.
Order Date :- 28.5.2018 Brijesh