In a private respondent petition, the High Court heard contentions regarding an alleged violation of Government Order and seniority list in the petitioner's promotion. The court granted time to the lower respondents but did not dispose of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 5
Case :- WRIT - A No. - 9555 of 2024
Petitioner :- Vijay Kumar And 7 Others Respondent :- Acharya Narendra Dev University Of Agriculture/Technology Thru. Registrar And 3 Others Counsel for Petitioner :- Apoorva Tewari,Sachin Shukla Counsel for Respondent :- Prashant Kumar Singh
Hon'ble Abdul Moin,J.
3 . List on the date indicated in the notice as fresh. The petitioner is also permitted to serve through Dasti.
4 . Under challenge is the order dated 13.09.2024, a copy of which is Annexure-2 to the petition, so far as it promotes respondent No.4 to the post of Accountant.
5 . Contention of the learned counsel for the petitioners is that as per the Government Order dated 30.06.2016, a copy of which is Annexure-12 to the petition, so far as it pertains to the promotion to the post of Accountant, promotions are to be made from the Assistant Accountants, who are having 3 years of service.
6 . Placing reliance on the final seniority list dated 01.03.2024, a copy of which is Annexure-1 to the petition, the argument of the learned counsel for the petitioners is that so far as the Account Clerks are concerned, to which cadre the petitioners as well as private respondents belong to, all the petitioners are senior to respondent No.4 whose name finds place at 21 vis à vis the petitioners, whose names find place at Serial No.11 & 14 to 20. However, ignoring the aforesaid Government Order as well as seniority position of the petitioners vis à vis respondent No.4, respondent No.4 has been promoted as Accountant vide order dated 13.09.2024.
7 . Contention is that once the aforesaid Government Order and the final seniority list continues to prevail consequently there cannot be any occasion for promotion of the junior of the petitioners which itself
reflects patently arbitrary action on the part of the respondents.
8 . Shri Prashant Kumar Singh, learned counsel appearing for respondents No.1 to 3 prays for and is granted 10 days' time to seek instructions in the matter.
Order Date :- 21.10.2024
prateek
Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the promotion of the respondent violates the Government Order requiring promotion from senior Assistant Accountants.
Whether the petitioner's seniority over the respondent warrants rejection of the promotion order.
Vijay Kumar And 7 Others
Acharya Narendra Dev University Of Agriculture/Technology
Abdul Moin
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
