Petitioner sought promotion from Constable to Head Constable alleging irregularities in seniority. Court disposed of petition without adjudicating merits, directing third respondent to pass a reasoned order within three months.
Disposed without going into merits; respondent to consider grievance and pass reasoned order within three months.
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Court No. - 6
Case :- WRIT - A No. - 2357 of 2019
Petitioner :- Suresh Pal Singh 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
1 issue framed by the court
Whether the promotion grievance of petitioner from Constable to Head Constable requires adjudication on merits or disposal without merits.
Suresh Pal Singh
State Of U.P.
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
