Court No. - 38 Case :- WRIT - A No. - 38559 of 2010 Petitioner :- Akshay Kumar Sharma Respondent :- State Of U.P. And Others Petitioner Counsel :- Yogendra Kumar Srivastava Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel for the petitioner.
Petitioner, who was appointed as Junior clerk, subsequently
promoted on the post of senior clerk, claims that he is entitled to
be promoted on the post of Senior Administrative Officer
according to the seniority. In 2008, a person, who was junior to
petitioner has been promoted, petitioner raised an objection to that
effect, but no decision has been taken. Now on 31.07.2010, the
post of Senior Administrative Officer is going to be vacant and
petitioner is the senior most, therefore, entitled for promotion on
the said post. According to the petitioner, the representation has
already been submitted on 10.03.2010. The copy of the same has
been annexed as Annexure No.9 to the writ petition.
I have considered the submission of the petitioner and perused the
record. Apart from the fact the claim of the petitioner can be
decided as the post is going to become vacant in the month of July,
2010. Therefore, it will be appropriate in the interest of justice
that the respondent may consider the claim of the petitioner
according to seniority and requisite criteria which is provided for
the purposes of promotion for the post of Senior Administrative
Officer. Therefore, this writ petition is being is disposed of finally
directing the respondent No.3 to consider the claim of the
petitioner according to law by passing the detailed and reasoned
order within a period of one month from the date of production of
certified copy of this order before him.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 6.7.2010
Pr/-