JUDGMENT :

Rajeev Misra, J.

On the matter being taken the learned Standing Counsel representing respondents submits that he has received instructions in the matter. Copy of same has been placed before Court and the same is taken on record.

2. Heard Mr. Vijay Gautam, the learned Senior Counsel assisted by Mr. Devesh Mishra, the learned counsel for petitioner and the learned Standing Counsel representing State-respondents.

3. Neeraj Kumar Pandey the writ petitioner has approached this Court for a writ of mandamus commanding the respondents to ''open the Seal Cover Envelop and promote the petitioner on the post of Head Constable, on the date from which the juniors to the petitioner have been granted promotion, in pursuance of the Government Order No. 13/21/89 -Ka-1-1997, dated 28.5.1997 & Government Order No. 1/2008-13 (6)/2017/Ka-1-2018, dated 9.1.2018, which has been issued under the directions of Hon'ble Supreme Court in case of Union of India v. K.V. Janki Raman, AIR 1991 SC 2010, with all consequential benefits''. Petitioner has also prayed for a writ of mandamus commanding respondents ''to consider the claim of the petitioner for promotion on the post of Head Constable, from the date juniors to the petitioner have been granted promotion, in pursuance of the Government Order No. 13/21/89 -Ka-1-1997, dated 28.5.1997 & Government Order No. 1/2018-13 (6)/2018-13 (6)/2017/Ka-1-2018 dated 09/01/2018, which has been issued under the directions of the Supreme Court in Union of India v. K.V. Janki Raman, AIR 1991 SC 2010, with all consequential benefits.''

4. Record shows that petitioner was selected for the post of constable in U.P. Police. Upon selection petitioner was appointed as Constable in U.P., Police on 21.10.2006. Services of petitioner are governed by U.P. Police Constables and Head Constables Service Rules, 2015 (Hereinafter referred to as the Rules of 2015). According to petitioner, he became eligible for promotion on the post of Head Constable after completion of seven years of service by virtue of the provisions contained in Rules 5 and 17 of the Rules of 2015. However, the Superintendent of Police (Personnel) (Karmik), U.P. Police Head Quarters, Allahabad issued the final Seniority List of Constables in U.P. Police selected upto 2019 Batch on 24.7.2019. The name of petitioner finds mention at Serial No. 22038 out of 24293. According to petitioner aforesaid final Seniority List was amended by including certain names in the Seniority List but the position of petitioner in aforementioned Seniority List remained the same.

5. Respondent-4, the Deputy Inspector General of Police/Superintendent of Police Establishment/Kormik, D.G.P. Head Quarters, U.P., Lucknow issued a select list of 16929 Constables dated 30.12.2020, who have been promoted on the post of Head Constables. Aforesaid promotion was made for the Selection Year-2017 on the basis of Seniority subject to rejection of unfit.

6. It is the case of petitioner, that juniors to petitioner, whose names have been mentioned in paragraph 20 of the writ petition, were granted promotion on the post of Head Constable whereas the name of petitioner does not find mention in the Select List, copy of which is on record as Annexure-4 to the writ petition.

7. Subsequently, respondent-4, the Deputy Inspector General of Police/Superintendent of Police Establishment/Kormic, D.G.P. Head Quarters, U.P., Lucknow, issued an order dated 1.1.2021 whereby a list of 1495 Police Personnel was published, who were considered for promotion but their cases were placed in Sealed Cover.

8. According to petitioner, an F.I.R. dated 23.4.2006 was lodged and registered as Case Crime No. 91A of 2006 under Sections 147, 148, 323, 504, 427 I.P.C. and 7 Criminal Law Amendment Act, Police Station-Salon District-Rai-Bareilly. In the aforementioned case crime number, charge-sheet was submitted resulting in consequential Criminal Case No. 1084 of 2007 (State v. Shiv Mangal and others). Charge-sheeted accused including p