Court No. - 6
Case :- WRIT - A No. - 22955 of 2018 Petitioner :- Shiv Ji Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Ojha,Nagesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition has been preferred seeking issuance of a direction for the promotion of the petitioner on the post of Head Constable. The petitioner presently is working as Constable with the respondents and according to the learned counsel he is entitled for promotion on the principle of 'Seniority subject to the rejection of the unfit'. Learned counsel has also drawn the attention of the Court to a communication of the Promotion Board in which it is recorded that a minor punishment had been awarded against the petitioner on 21 February 2013. According to the learned counsel this minor punishment cannot stand in the way after the expiry of five years of its imposition.
Learned Standing Counsel, however, contends that these and other issues may be left for the consideration of the second respondent which is the Competent Authority, who shall take a decision on merits and in accordance with law.
Accordingly, with the consent of parties, this petition stands disposed of with the following directions:-
(i) The petitioner shall approach the second respondent by way of representation within a period of two weeks from today annexing thereto all relevant records connected with his claim of promotion.
(ii) On receipt of such a representation the second respondent/Competent Authority may evaluate the claim of the petitioner for promotion to the post of Head Constable in accordance with law and pass appropriate orders of disposal thereon within a period of two months therefrom.
It is made clear that this Court has not adjudged the merits or otherwise of the claim of the petitioner and that all contentions on merits are left open.
Order Date :- 30.10.2018 faraz