State of U.P. Thru. Addl. Chief Secy. Finance Deptt. Lko. and Another Vs Shyam Singh and Another — Allahabad HC (2025) — LawSathi Research

State of U.P. Thru. Addl. Chief Secy. Finance Deptt. Lko. and Another Vs Shyam Singh and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Rights crystallized in the present proceedings confirmed; legal question regarding the authority of the Commissioner of Devi Patan Mandal to record ACRs left open for an appropriate case.

Issue for consideration

The authority of the Commissioner of Devi Patan Mandal to record Annual Confidential Remarks (ACRs) — a legal question arising in the proceedings, expressly left open by the Court.

Court's answer

The legal question as to the authority of the Commissioner of Devi Patan Mandal to record Annual Confidential Remarks (ACRs) is left open to be considered in an appropriate case if the question so arises.

Ratio / Principle

The rights which have crystallized in the present proceedings are confirmed.

Key takeaways

The Court clarifies that it has not opined anything on the determination of the merit of respondent no.1 in the D.P.C., which has given rise to the fresh (separate pending) litigation.obiter¶11

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 1), Neutral Citation 2025:AHC-LKO:3439-DB — WRIT - A No. 5354 of 2023 (State Of U.P. Thru. Addl. Chief Secy. Finance Deptt. Lko. v. Shyam Singh), decided 20.1.2025 by Attau Rahman Masoodi and Subhash Vidyarthi, JJ.: writ petition DISPOSED OF. Learned Additional Chief Standing Counsel (Indrajeet Shukla) submitted that the benefit of the Tribunal's judgment dated 07.02.2023 had already been accorded to respondent no.1 in the merit-cum-seniority promotion exercise, but his merit was not found above benchmark or higher than co-considered candidates, who have been promoted; respondent no.1's challenge to the State's order stands in a separate pending writ petition, rendering the questions raised here academic. The Court confirmed the rights crystallized in the present proceedings and expressly left open the legal question as to the authority of the Commissioner of Devi Patan Mandal to record Annual Confidential Remarks (ACRs), clarifying that it expressed no opinion on respondent no.1's merit as determined in the D.P.C.

Neutral Citation No. - 2025:AHC-LKO:3439-DB

Court No. - 1

Case :- WRIT - A No. - 5354 of 2023

Petitioner :- State Of U.P. Thru. Addl. Chief Secy. Finance Deptt. Lko. And Another Respondent :- Shyam Singh And Another Counsel for Petitioner :- C.S.C. Counsel for Respondent :- Sameer Singh,Manish Mishra,Yogesh Kumar

Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.

Heard Shri Indrajeet Shukla, learned Additional Chief Standing Counsel appearing for the petitioners-State and Shri Shyam Singh, respondent no.1, who has put in appearance in person.

Learned Additional Chief Standing Counsel representing the State at the very outset has stated that the benefit of the judgment rendered by the Tribunal on 07.02.2023 has already been accorded to the respondent No.1 while considering his candidature for promotion based on merit-cum-seniority. However, his merit was not found above benchmark or higher than the candidates considered along with him. On the basis of such assessment, the other persons considered for promotion along with respondent no.1 have already been promoted. The order so passed by the State has come to be challenged by the respondent no.1 by filing a separate writ petition which is pending.

Shri Indrajeet Shukla, learned Additional Chief Standing Counsel has further submitted that once the benefit of the judgment passed by the Tribunal has been extended to him, the questions raised in the Writ Petition have been left of academic significance only, which should be left open for being considered in appropriate proceedings.

In the facts and circumstances of the case, the rights which have crystallized in the present proceedings are accordingly confirmed leaving the legal question as to the authority of Commissioner of Devi Patan Mandal to record Annual Confidential Remarks (ACRs) in an appropriate case if the question so arises.

In view of above, the writ petition is disposed of .

It is clarified that we have not opined anything in so far as the determination of merit of the respondent no.1 in D.P.C. giving rise to the fresh litigation is concerned.

(Subhash Vidyarthi, J.)(Attau Rahman Masoodi, J.)

Order Date :- 20.1.2025 akhilesh/-

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