Court No. - 2
Case :- WRIT - A No. - 7526 of 2021 Petitioner :- Yatendra Babu Bhardwaj Respondent :- State Of U,P And Others Counsel for Petitioner :- Atipriya Gautam
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties. Petitioner is an inspector in the civil police.
By the instant petition, petitioner seeks the following relief:
"(i) issue a writ, order or direction, in the nature of mandamus, commanding the respondent authorities to open the seal cover envelope and promote the petitioner from the post of Inspector to the Dy. S.P. in pursuance of the seniority list dated 09.12.2020, under the provisions of Rule 5 & 16 of the Uttar Pradesh Police Service Rules, 2016, from the date their juniors have been granted promotion with all consequential benefits."
Reliance has been placed on para 3(3) of the Government Order dated 09.01.2018 pertaining to Departmental Promotion Committee (DPC) adopting sealed cover procedure on pendency of a criminal case or otherwise.
Learned Standing Counsel submits that the first respondent, Secretary Home (Police Services) Anubhag-1, Uttar Pradesh Shasan, Secretariat, Lucknow, shall consider the grievance of the petitioner.
In view thereof, on consent, the writ petition is disposed of on the following directions: (i) petitioner shall file the copy of the representation dated 07.04.2021 along with a copy of the writ petition through proper channel before the first respondent within three weeks from date; (ii) In the event, such representation is filed, the same shall be considered and decided within eight weeks from the date the matter is placed before the competent authority.
It is clarified that the Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 24.9.2021 K.K. Maurya Digitally signed by SUNEET KUMAR Date: 2021.09.26 11:09:08 IST Reason: Document Owner Location: High Court of Judicature at Allahabad