Rakesh Kumar Pandey v. State of U.P. Thru. Addl. Chief Secy. Rural Engineering Deppt. Govt. Civil Sectt. Lko and Another

Court No. - 20 Case :- WRIT - A No. - 9450 of 2023 Petitioner :- Rakesh Kumar Pandey Respondent :- State Of U.P. Thru. Addl. Chief Secy. Rural Engineering Deppt. Govt. Civil Sectt. Lko And Another Counsel for Petitioner :- Birendra Kumar Yadav,Amit Kumar,Manoj Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.

¶1Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

¶2Petition has been filed seeking the following reliefs: "(1) To issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties to open the seal cover envelop and consider for grant of Ad hoc promotion to the petitioner on the post of Assistant Engineer (Mechanical) in pay scale of Rs. 15600-39100 with grade pay of Rs.5400 in term of clause 10 of Government Order bearing no.13/21/89-ka-1-1997 dated 28.05.1997,and government order bearing no.1/2018-13(6)/2017/ka-1-2018, dated 09.01.2018, with all consequential service benefits, in the interest of justice.

(2) To issue any order or direction as the Hon'ble Court deems just and proper in circumstances of the case.

(3) To award the cost of the petition to the petitioner."

¶3It has been submitted that earlier a Departmental Promotion Committee was held on 20.07.2022 but petitioner's case was kept under sealed cover due to pending criminal proceedings but since now petitioner is covered under paragraph 10 of the Government Order dated 28.05.1997 his case may be considered.

¶4For the said grievance, petitioner has already submitted a representation dated 17.10.2023. At present learned counsel for petitioner restricts his prayer for a final decision with regard to same.

¶5Considering innocuous prayer being made by learned counsel for petitioner and without entering into the merits of the case, opposite party No.1 i.e. Additional Chief Secretary, Rural Engineering Department, U.P. Government, Civil Secretariat, Lucknow is directed to consider and decide representation dated

17.10.2023 in the light of Government Order dated 28.05.1997 within a period of six weeks from the date a certified copy of this order is produced before said authority.

¶6With the aforesaid observation, petition stands disposed of. Order Date :- 13.12.2023 Subodh/- High Court of Judicature at Allahabad, Lucknow Bench