Petitioner sought promotion from Constable to Head Constable alleging seniority irregularities and lack of past adverse entries. Court did not examine merits and disposed of the petition outlining a procedure for the respondent to consider the grievance.
Respondent directed to consider grievance and pass reasoned order within three months.
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Court No. - 6
Case :- WRIT - A No. - 2351 of 2019
Petitioner :- Om Prakash Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Vijay Gautam,Devesh Mishra Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
This petition has been preferred seeking promotion of the petitioner from the post of Constable to Head Constable.
The petitioner contends that no adverse entries or punishments have been imposed in the past five years prior to the period of consideration in terms of the notification of promotion. The further allegation is that although promotion is to be affected on the basis of 'Seniority subject to rejection of the unfit', juniors of the petitioner have been promoted.
Learned Standing Counsel submits that subject to all contentions on merits being left open, the third respondent shall duly consider the grievance of the petitioner and pass a reasoned and speaking order dealing with the said claim with due notice to the private respondents herein.
Learned Standing Counsel states that this exercise of consideration shall be concluded with expedition and preferably within a period of three months from the date of presentation of a certified copy of this order.
Accordingly and without going into the merits of the claim of the petitioner, this petition shall stand disposed of in light of the statement noted above.
Order Date :- 14.2.2019 faraz
Om Prakash
State Of U.P.
Yashwant Varma
As recorded by the court registry
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