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2023 Supreme(All) 1661

MANJIVE SHUKLA
Vikram Singh Tomar – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Siddharth Khare, Sr. Adv.

JUDGMENT :

(Manjive Shukla, J.)

1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Himanshu Singh, learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents.

2. Petitioner through this writ petition has assailed the order dated 13.4.2023 passed by the Additional Director of Education (Basic), U.P. Prayagraj, whereby his representation for grant of promotion on the post of Administrative Officer with effect from the date of promotion of his juniors, has been rejected on the ground that on the date when his juniors were given promotion on the posts of Administrative Officer, disciplinary proceedings were pending against him and further District Basic Education Officer, Firozabad vide his letter dated 11.11.2022 has informed that petitioner is full of spontaneity and does not care to follow the rules and regulations.

3. Facts of the case, in brief, are that petitioner was initially appointed on the post of Junior Clerk and was posted at Government Normal School Goverdhan, District Mathura vide appointment order dated 24.3.1988. Petitioner was granted promotion on the post of Senior Clerk vide order dated 19.2.1994 and was post

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