Rajendra Prasad Pushkar v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue Civil Sectt Lko and 3 Others

Court No. - 20 Case :- WRIT - A No. - 5799 of 2022 Petitioner :- Rajendra Prasad Pushkar Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Civil Sectt Lko And 3 Others Counsel for Petitioner :- Dilip Kumar Gautam Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. Heard learned counsel for the parties. Petition has been filed seeking a direction to opposite parties to consider his case for promotion on the post of Revenue Inspector with effect from persons junior to him have been promoted vide order dated 28.8.2022. The contention of learned counsel for the petitioner is that as per the impugned order the matter of the petitioner has been kept under sealed cover for the Selection Year 2017-18 and more than one year period has passed but the reason for which the issue of the petitioner has been kept under sealed cover has not been finalized, therefore, the petitioner is entitled for the benefit of para-10 of the Government Order dated 28.05.1997 which categorically mandates that if the issue of an employee has been kept under sealed cover and the reason for which the issue has been kept under sealed cover has not been finalized for the period of one year, in view of the Government Order dated 28.05.1997 the employee may be given ad hoc promotion. In the present case, the issue of DPC recommendation regarding petitioner has been kept under sealed cover for the Selection Year 2017-18 and has not been finalized as yet, therefore, the petitioner may be entitled for the benefit of para-10 of the aforesaid Government Order dated 28.05.1997. Accordingly, the writ petition is disposed of finally at the admission stage, directing the opposite party No.2 i.e. the Chairman / Secretary, Board of Revenue, U.P., Lucknow, to consider petitioner's case for ad hoc promotion pursuant to the recommendation of Departmental Promotion Committee under para-10 of the Government Order dated 28.05.1997. Necessary orders be passed with expedition, preferably, within a period of one month from the date of production of a certified copy of this order before authority concerned. Order Date :- 13.10.2023 Subodh/- High Court of Judicature at Allahabad, Lucknow Bench