Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 175 of 2019 Appellant :- Umesh Chandra Saxena Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Bhaskar Bhadra Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
The delay of 5 days in filing the appeal is sufficiently explained.
It is accordingly condoned.
Delay condonation application no. 1 of 2019 is allowed.
Heard Sri Bhaskar Bhadra, learned counsel for the petitioner appellant and learned Standing counsel for the respondents.
The petitioner appellant has preferred this intra-court appeal against the order dated 1.10.2019 by which the writ petition has been dismissed.
The petitioner claimed notional promotion to the post of senior Administrative Officer. It was rejected by the order dated 16/22 May 2018. The challenge to the said order was also turned down by the writ Court.
The submission of learned counsel for the petitioner appellant is that he became entitle to be considered for promotion in the year 2015 but as the Departmental Promotion Committee has not met, he was not granted any promotion and he ultimately retired in January 2017.
He has placed reliance upon the Government Order dated 25th June 1984 which permits notional promotion by putting the candidate in the list for consideration of the year in which he retires or dies.
It is not disputed that the Departmental Promotion Committee for the relevant year met in 2017 and the name of the petitioner appellant was in the list for consideration but was not granted promotion as by that time he had retired. It is not the case of the petitioner appellant that his name was not included in the list for consideration. Moreover, the notional promotion is admissible only from the date a person junior to him is promoted. The promotion of the junior person is of August 2017 by which time the petitioner appellant had already retired.
In view of the aforesaid facts and circumstances, the writ court had not erred in refusing to grant any relief to the petitioner appellant.
The appeal is devoid of merit and is dismissed.
Order Date :- 22.2.2019 SKS