Court No. - 16
Case :- WRIT - A No. - 16121 of 2018 Petitioner :- Subhash Mal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Awadh Narain Rai Counsel for Respondent :- C.S.C.,Raj Kishore Yadav
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioner, Shri Raj Kishore, learned counsel for respondents no. 2 to 5 and Shri Sujit Kumar Rai, learned counsel for respondent no. 6.
The petitioner has filed writ petition praying for a mandamus to be issued to the respondents to grant promotion in Varg-2 from Varg-3 and pay arrears of salary and other dues as admissible.
The petitioner was initially working on the post of Clerk in Cooperative Bank Ltd., District Mau. He was suspended on 08.11.2016 and punished on 12.01.2018. However, the petitioner was thereafter permitted to join the concerned bank again on 16.01.2018. Against the punishment order dated 12.01.2018, the petitioner filed an appeal before the Secretary, U.P. Cooperative Institution Service Mandal, Lucknow.
In the meantime during the pendency of the disciplinary proceedings against the petitioner a selection for promotion was held in which the petitioner was also a candidate and by an order dated 29.12.2017, passed by the Secretary, one post was kept back in case the petitioner was exonerated from the disciplinary proceedings. It is the case of the petitioner that his appeal has now been allowed by the respondent no. 6 but the respondents no. 2 to 4 are not taking any decision with regard to promotion of the petitioner on such post that was kept aside for him as aforesaid.
Learned counsel appearing for respondents no. 2 to 4 has informed the Court that if the petitioner makes a representation it shall be considered in accordance with law.
Accordingly, this writ petition is disposed of with a direction to the respondents no. 2 to 5 to look into the matter and consider the claim of the petitioner for his promotion on the post reserved for him and pass appropriate orders thereon within a period of three months.
Order Date :- 27.7.2018 VR