Court No. - 2
Case :- WRIT - A No. - 9005 of 2019 Petitioner :- Sudama Yadav And 40 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Atipriya Gautam,Devesh Mishra,Vijay Gautam(Senior Adv.) Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
The petitioners are Constables in Civil Police. Their grievance is that they are entitled to promotion in terms of Rule 5 of the Uttar Pradesh Police Constable and Head Constable Service Rules, 2015, wherein it is provided that 100 per cent post of the Head Constable shall be filled by promotion from the Constables, but their case has not been considered. It is stated that the petitioners fulfil the eligibility for promotion.
I have heard learned counsel for the petitioner and learned Standing Counsel for the State.
It is a well settled law that promotion is not a fundamental right but consideration for promotion is a valuable right of an employee.
Having due regard to the facts of this case, I am of the view that the ends of justice would be subserved by issuing a direction upon the third respondent to consider the cause of the petitioner and pass the appropriate order in accordance with law expeditiously, preferably within a period of four months from the date of communication of this order.
Needless to say that this Court has not expressed its opinion on the merits of the case. The third respondent shall pass the order independently and in accordance with law.
Accordingly, the writ petition is disposed of. No order as to costs.
Order Date :- 29.5.2019 Atul