Disposed

Naushad Khan v. the State of U.P. and 4 Others

Allahabad HC24 Feb 2023WRIA/1409/2023

Case brief

AI extract

What is this about?

This petition seeks promotion to Head Constable and opening of a sealed cover envelope. The court directed the respondent to decide the petitioner's pending representation within two months without adjudicating merits or commenting on government orders or case precedents.

What did the court decide?

Direction to respondent No. 4 to decide representation within two months; petitioner to annex copy of representation with certified order.

Naushad Khan Vs the State of U.P. and 4… — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 36

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Case :- WRIT - A No. - 1409 of 2023

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Petitioner :- Naushad Khan Respondent :- The State Of U.P. And 4 Others Counsel for Petitioner :- Devesh Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

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Present petition has been filed with the following prayer:-

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"(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 on the post of Head Constable on the date from which the juniors to the petitioner have been granted promotion in pursuance of the Government Order No.13/21/89-Ka-1-1997, dated 28.5.1997 & Government Order No.1 1/2018-13(6)2017/ka-1-2018, dated 9.1.2018, which has been issued under the directions of Hon'ble Supreme Court in the case of Union of India Vs. K.V. Janki Raman, AIR 1991 SC 2010 with all consequential benefits.

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(ii) Issue a writ order or directin the nature of mandamus commanding the respondent authorities, to consider the claim of the petition for promotion on the post of Head Constable on the date from which the juniors to the petitioner have been granted promotion, in pursuance of the Government Order No.13/21/89-Ka-1-1997, dated 28.5.1997 & Government Order No.1 1/2018-13(6)2017/ka-1-2018, dated 9.1.2018, which has been issued under the directions of Hon'ble Supreme Court in the case of Union of India Vs. K.V. Janki Raman, AIR 1991 SC 2010 with all consequential benefits."

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Learned counsel for the petitioner submitted that petitioner was working on the post of Constable and he was entitled for promotion on the post of Head Constable, but due to pendency of one departmental proceedings, his name was kept in sealed cover envelop on 1.1.2021. Thereafter, departmental proceeding has been completed and no punishment order has been passed against the petitioner, therefore, it is required on the part of respondent authorities to open sealed cover envelop and grant promotion to petitioner. He further submitted that for redressal of his grievance, he has filed a representation dated 9.1.2023 before the respondent No. 4, but till date same has not been decided. He also pointed out that in so many similar cases, this Court has directed to respondents to open sealed cover envelop and grant promotion to the petitioners. He next submitted that a suitable direction may be

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issued to respondent No.4 to decide the aforesaid representation of the petitioner within stipulated period for which learned Standing Counsel has no objection.

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Considering the facts and circumstances of the case, the present petition is disposed of with direction to respondent no.4 to decide the representation of the petitioner dated 9.1.2023 maximum within a period of two months from the date of production of certified copy of this order. Petitioner is also directed to annex the photo copy of representation dated 9.1.2023 alongwith certified copy of this order.

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It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 4 to decide the representation of the petitioner after considering the relevant Acts, Rules, Government Orders, Judicial pronouncement made by the Court as well as facts of the case.

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Order Date :- 24.2.2023 Junaid

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Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad

Naushad Khan v. the State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Naushad Khan v. the State of U.P. and 4 Others

Case brief

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What did the court decide?

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