Court No. - 36
Case :- WRIT - A No. - 12327 of 2019 Petitioner :- Yatendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Tripathi,Abhishek Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner has filed a writ of mandamus commanding the respondents to make promotion on the post of 'Senior Clerk', vacancy in which according to him is forged.
Submission is that the petitioner is duly qualified for promotion to the said post.
Sri Abhishek Srivastava, learned counsel for the respondent nos.2 and 3 contends that as far as the promotion is concerned the same has to be done after consideration of claim of all the eligible employees working in the department and the post in question fall within the promotional post.
Exercise of promotion has to be made by the duly constituted Selection Committee (known as Departmental Promotion Committee).
In the said scenario, no positive direction can be given so as to consider the claim of the petitioner only.
However, it is incumbent on the competent authority to make an endeavour of holding meeting of the promotional Committee for consideration of claim of all eligible employees in case vacancy in promotion quota exists.
The writ petition is, accordingly, disposed of. Order Date :- 22.8.2019 Harshita