Radhey Shyam v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Technical Education Lko. and 2 Others

Court No. - 7 Case :- WRIT - A No. - 9665 of 2023 Petitioner :- Radhey Shyam Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Technical Education Lko. And 2 Others Counsel for Petitioner :- Abhishek Dwivedi,Pradeep Chandola Counsel for Respondent :- C.S.C.,Atul Kumar Dwivedi Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the State-respondent no. 1 and Sri Atul Kumar Dwivedi, learned counsel appearing on behalf of the respondents no. 2 & 3. The contention of learned counsel for the petitioner is that the tentative seniority list had been issued by the respondent-University against which the petitioner has given his objections which have still not been decided till date. It is contended that in the meanwhile the respondents have promoted various persons junior to the petitioner and hence the petition. Learned counsel for the petitioner contends that as the objections against the tentative seniority list are still pending for consideration at the end of the University, the instant writ petition be disposed of with the direction to the University to take a final decision on the objection of the petitioner and in case it is found that the petitioner is senior to the other persons who have been promoted in the interregnum then his promotion be also considered. Considering the aforesaid more particularly when the objections against the tentative seniority list are still pending at the end of the respondent-University, the instant writ petition is disposed of with the direction to the respondent no. 3 to consider the objections filed by the petitioner against the tentative seniority list within a period of six weeks from the date of receipt of a certified copy of this order. It is also provided that in case it is found that the petitioner is senior to other persons who have been promoted then the claim of the petitioner for promotion also be considered with effect from the date his juniors have been promoted. Order Date :- 18.12.2023 Pachhere/- High Court of Judicature at Allahabad, Lucknow Bench