Mohd. Rashid vs State of U.P. Thru. Prin. Secy. Excise Deptt. and Another — Allahabad HC (2025) — LawSathi Research

Mohd. Rashid vs State of U.P. Thru. Prin. Secy. Excise Deptt. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to file a fresh representation before opposite party no. 2 (Excise Commissioner, Prayagraj, U.P. Camp Office, Lucknow), to be considered and decided within eight weeks from the date a certified copy of the order is produced before the said authority.

Issue for consideration

Whether the petitioner should be granted notional promotion to the post of Excise Inspector w.e.f. 09.06.2016 (the date promotion was originally due) in terms of the judgment and order dated 24.09.2024 in Claim Petition No. 1997/2016, thereby expunging the adverse entry of the year 2012-13. +1 more

Ratio / Principle

Since consideration of the petitioner's grievance would entail factual aspects, liberty was granted to the petitioner to file a fresh representation before opposite party no. 2, the Excise Commissioner, Prayagraj, U.P. (Camp Office, Lucknow).

Key takeaways

The Excise Commissioner shall consider and decide the petitioner's fresh representation within eight weeks from the date a certified copy of this order is produced before that authority.ratio¶15
With the aforesaid directions, the petition stands disposed of.ratio¶16

Detailed headnote1 paragraphs

Writ-A No. 11197 of 2025, High Court of Judicature at Allahabad (Lucknow Bench), Court No. 8, Manish Mathur, J., decided September 22, 2025 - disposed of. Petitioner Mohd. Rashid sought a mandamus directing the opposite parties to grant him notional promotion to the post of Excise Inspector w.e.f. 09.06.2016, the date promotion was originally due, in accordance with the judgment and order dated 24.09.2024 passed in Claim Petition No. 1997/2016 by the State Public Service Tribunal, U.P. Lucknow, expunging his adverse entry of the year 2012-13, and further to release all consequential service benefits withheld on account of that adverse entry, modify his promotion order of Excise Inspector dated 06.09.2024 from due date, and pay arrears of salary and seniority. Holding that consideration of the grievance would entail factual aspects, the Court granted liberty to file a fresh representation before opposite party no. 2, the Excise Commissioner, Prayagraj, U.P. Camp Office, Lucknow, who was directed to consider and decide it within eight weeks from production of a certified copy of the order; with these directions the petition stood disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 11197 of 2025

Mohd. Rashid

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Excise Deptt. And Another

.....Respondent(s)

Counsel for Petitioner(s) : Birendra Kumar Yadav, Amit Kumar Counsel for Respondent(s) : C.S.C.

Court No. - 8

HON'BLE MANISH MATHUR, J.

Heard learned counsel for petitioner and learned State Counsel for opposite parties.

Petition has been filed seeking the following prayer:-

"(i) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to consider and grant notional promotion to the petitoner on the post of Excise Inspector w.e.f. 09.06.2016, the date on which the promotion was originally due, in terms of the judgment and order dated 24.09.2024 passed in Claim Petition No. 1997/2016 by the State Public Service Tribunal, U.P. Lucknow, thereby expunging the adverse entry of the year 2012-13.

2) To issue, writ, order or direction in the nature of mandamus commanding and directing the opposite parties to release all consequential service benefits, withheld on account of the adverse entry 2012-2013 and modify his promotion order of Excise Inspector dated 06.09.2024 from due date and pay arrears of salary and seniority etc. in the interest of justice......"

Since consideration of petitioner's grievance would entail factual aspects, liberty is granted to petitioner to file a fresh representation before the opposite party no.2 i.e. Excise Commissioner, Prayagraj, U.P. Camp Office, Lucknow who shall consider and decide the same within a period of eight weeks from the date a certified copy of this order is produced before the said authority.

With aforesaid directions, petition stands disposed of.

September 22, 2025 Satish

(Manish Mathur,J.)

Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench