Court No. - 6
Case :- WRIT - A No. - 2711 of 2019 Petitioner :- Vijay Kumar And Another Respondent :- State Of U.P. Through Principal Secretary, Home, Lucknow And 6 Others Counsel for Petitioner :- Yashodanand Shukla Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Learned counsel for the parties are ad idem that the controversy raised in this petition stands covered by the order passed in Writ A No. 24357 of 2018.
Said writ petition was disposed of in the following terms:-
"Heard learned counsel for the petitioner and the learned Standing Counsel.
The petitioner is aggrieved by non inclusion of his name in a promotion list issued by the respondents on 19 October 2018. He essentially claims promotion from the post of Constable to Head Constable.
Learned counsel for the petitioner referring to the communication dated 10 October 2015 has sought to contend that the minor penalty which was inflicted upon the petitioner can no longer be viewed as an impediment since it would cease to have effect after three years.
On the other hand, learned Standing Counsel has referred to the communication dated 30 June 1993 to submit that for a period of five years post imposition of a minor penalty, the claim of the petitioner for promotion cannot be considered.
Since contentious issues are raised and the respondents are yet to take a decision with respect to the claim of the petitioner, the ends of justice would merit the concerned respondents being directed to decide the claim of the petitioner on merits and pass a reasoned and speaking order with respect to his prayer for promotion.
Accordingly and without going into the merits of the claim of the petitioner, this petition shall stand disposed of with a direction that the third respondent shall duly evaluate the claim of the petitioner for promotion in accordance with law and pass a reasoned and speaking order in respect thereof within a period of two months from the date of presentation of a certified copy of this order."
Accordingly this petition shall stand disposed of on similar terms.
Order Date :- 21.2.2019/Arun K. Singh (Yashwant Varma, J.)