Vinod Kumar Rai vs State Of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 1084

AJIT KUMAR
Vinod Kumar Rai – Appellant
Versus
State Of Uttar Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Anil Kumar Srivastava, O.P. Sharma
For the Respondent: C.S.C., Sunil Kumar Mishra

JUDGMENT :

HON'BLE AJIT KUMAR

1. Heard Shri Anil Kumar Srivastava, learned counsel for the petitioner, Shri Sunil Kumar Misha, learned counsel for the respondent Corporation.

2. Petitioner before this Court is aggrieved by the decision taken by the respondent Corporation dated 09.09.2014 whereby the promotion of the petitioner as Tyre Inspector made on 13.09.2012 has been cancelled.

3. It is submitted by learned counsel for the petitioner that petitioner while working on the post of Vulcanizer was promoted as per seniority as Tyre Inspector in the year 2012 and merely because his earlier writ petition, in respect of the promotion to the post of vulcanizer was dismissed in default, the respondents were not justified in cancelling the order of promotion. He submits that as earlier petitioner was promoted from the post of Assistant Vulcanizer to Vulcanizer on 11.02.2005, the said order was wrongly recalled on the ground that reservation shall not apply in view of the judgment of the Supreme Court in the case of Uttar Pradesh Power Corporation Vs. Rajesh Kumar and others 2012 5 ADJ page no. 19 where reservation to promotional posts were held to be bad without scheme. It is submitted that t

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