Back
MANJIVE SHUKLA
Vikram Singh Tomar – Appellant
Versus
State Of U. P. – Respondent
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
The court emphasized the mandatory consideration of promotion cases for government servants, even with pending disciplinary proceedings, as per the Government Order dated 28.5.1997, and ruled that ad....
The court affirmed that promotion must consider merit as the primary criterion, and procedural flaws in disciplinary inquiries can invalidate corresponding punishment orders.
The right to be considered for promotion is a fundamental right, and the order of punishment imposed against the petitioner did not comply with the requirements of G.O.Ms.No.342, dated 04.08.1997.
The central legal point established in the judgment is that government servants facing disciplinary or court proceedings for promotion should be considered in accordance with G.O.Ms.No.257, and delay....
The court emphasized that the denial of arrears of pay and notional promotion must be based on valid reasons and compliance with court orders is mandatory.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
