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2014 Supreme(All) 108

SUDHIR AGARWAL
PREM KUMAR UPADHYAYA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Vijay Gautam and Sanjay Kumar for the Petitioners; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—In both these matters, the question of law involved is common. Though both were heard on different dates and judgments reserved, but since the issue involved is common, therefore, I am deciding both the writ petitions by this common judgment.

2. The issue of “Out of Turn” promotion in U.P. Civil Force in the light of Government Orders dated 3.2.1994, 2.1.1998 and the Director General of Police, U.P., Lucknow (hereinafter referred to as “DGP”)’s Circular dated 29.12.1998 is involved in both the writ petitions.

3. In Writ Petition No. 16879 of 2010 (hereinafter referred to as “First Petition”), Sri Vijay Gautam, learned counsel for petitioner and learned Standing Counsel were heard and the arguments concluded on 20.11.2013 and judgment was reserved. While the judgment was awaited, similar issue came up for hearing on 6.12.2013 in Writ Petition No. 60687 of 2013 (hereinafter referred to as “Second Petition”) in which Sri Sanjay Kuamr, Advocate, advanced his arguments and learned Standing Counsel appeared and made a submission on behalf of respondents. In this case also the judgment was reserved on 6.12.2013. As already said, since the question of law








































































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