Writ petition challenging promotion of a junior employee as Assistant Clerk over the petitioner. Counsel for respondent stated seniority list placed respondent first; petitioner claimed ignorance of the list. Court sought instructions on seniority list preparation and adjourned.
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Court No. - 5 Case :- WRIT - A No. - 10360 of 2024 Petitioner :- Krishna Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Education Lko. And 7 Others Counsel for Petitioner :- Ghanshyam Verma,Subhanshu Mishra Counsel for Respondent :- C.S.C.
Hon'ble Abdul Moin,J.
1 . Heard learned counsel for the petitioner, learned Standing Counsel for the State. Pt. S Chandra, Advocate has put in appearance on behalf of respondent No.8.
2 . Under challenge is the order dated 10.10.2024, a copy of which is Annexure-1 to the petition, whereby respondent No.8 has been promoted as Assistant Clerk.
3 . Pt S Chandra states that criteria for promotion to a Class III employee is seniority subject to rejection of unfit. He further states that seniority list for the year 2024-25 has been issued by the Management, which was duly authorized to do so in which name of respondent No.8 finds place at Sr No.1 while the name of the petitioner finds place at Sr No.2. Following the aforesaid, respondent No.8 has correctly been promoted to the Class III post and once the petitioner is a junior there cannot be any occasion for his promotion to a Class III post.
4 . Learned counsel for the petitioner states that seniority list for the year 2024-25 was never in his knowledge.
5 . Learned Standing Counsel prays for and is granted a week's time to seek instructions as to the procedure for preparation of the seniority list of Class IV and indicate as to whether said seniority is to be approved by higher authorities -D.I.O.S.
6 . List this csae in the next week as fresh.
7 . Whenever the case is next listed, name of Shri Pt S Chandra, Advocate be shown as Counsel for Respondent.
Order Date :- 11.11.2024
prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
Krishna Kumar
State Of U.P. Thru. Addl. Chief Secy. Secondary Education Lko.
Abdul Moin
As recorded by the court registry
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