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2023 Supreme(All) 1719

MANISH MATHUR
Hausilal – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Deptt. Of Revenue, Lko. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Abhishek Mishra, Subhash Chandra Mishra

JUDGMENT :

1. Heard Mr. Abhishek Mishra, learned counsel for petitioner and Mr. Vikas Singh, learned State Counsel for opposite parties.

2. Petition has been filed challenging order dated 07.01.2022 whereby petitioner has been granted promotion on the post of Collection Amin. Also under challenge is order dated 15.12.2022 whereby petitioner's application to forgo aforesaid promotion has been rejected on ground that there is no such provision under law.

3. It has been submitted that earlier petitioner while performing his duties on post of Collection Peon was found eligible for promotion on post of Collection Amin with such promotion being granted vide impugned order dated 07.01.2022. It is submitted that on the basis of said order, petitioner joined and performed his duties without any complaint but since he was facing problems in effective discharge of his duties on the promotional post, he made an application dated 02.05.2022 with prayer that he may be permitted to forgo the said promotion. It is submitted that the aforesaid application has been rejected only on the ground that there is no such provisions under service Regulations applicable upon petitioner.

4. It has been submitted

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