Court No. - 33

Case :- WRIT - A No. - 597 of 2023

Petitioner :- Amarjeet Yadav

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Ashok Kumar

Yadav,Shweta Singh Attre

Counsel for Respondent :- C.S.C.

Hon'ble Jaspreet Singh,J.

Heard Shri Ashok Kumar Yadav, learned counsel for

the petitioner and learned counsel for the State-

respondents.

By means of the instant petition, the petitioner

seeks following reliefs:-

"(a) Issue a writ, order or direction in the nature of mandamus

commanding/directing the respondents authority, to open the

Seal Cover Envelope and Promote the petitioner from the post

of Constable to Head Constable/Computer Operator in

pursuance of the Government Order No.13/12/89-Ka-1-1997,

dated 28.05.1997, and Government Order No.1/2018-

13(6)/2017/Ka-1-2018, dated 09.01.2018, and in the light of the

judgment and order dated 09.05.2022 and 26.05.2022 passed

by this Hon'ble Court in Writ-A No.480/2022 (Ramesh Kumar

Singh Vs. State of U.P. & others), Writ-A No.8151 /2022

(Neeraj Kumar Pandey Vs. State of U.P. and others) from the

date their Juniors have been granted promotion, with all

consequential benefits.

(b) Issue a writ, order or direction in the nature of mandamus

commanding/directing the respondents authority, to consider

the claim of the petitioner for Ad hoc promotion on the post of

Head Constable in pursuance of the Government Order

No.13/12/89-Ka-1-1997, dated 28.05.1997, and Government

Order No.1/2018-13(6)/2017/Ka-1-2-18, dated 09.01.2018, and

in the light of the judgment and order dated 09.05.2022 and

26.05.2022 passed by this Hon'ble Court in Writ-A

No.4801/2022 (Ramesh Kumar Singh Vs. State of U.P. &

others), Writ-A No.8151/2022 ((Neeraj Kumar Pandey Vs. State

of U.P. and others) from the date their Juniors have been

granted promotion, with all consequential benefits."

Submission of the learned counsel for the

petitioner is that the petitioner was selected and

appointed on the post of Constable in Uttar

Pradesh Police in the year 2011. The petitioner has

been discharging his duty diligently, sincerely and

honestly and in this regard the authority

concerned issued several appreciation letters and

awards tot he petitioner. The respondents

authority prepared the impugned seniority list of

the candidates in which the name of the petitioner

has been placed at Serial No.12684. The petitioner

is senior most constable and the authority

concerned is promoting the juniors to the

petitioner and the respondents denied the

promotion of the petitioner and reserved the seal

cover envelop of the petitioner. However, the case

of the petitioner for promotion has not been

considered solely on the ground of pendency of

the criminal case bearing Case Crime No.475 of

2016, under Section 419, 420 I.P.C, Police Station

Belipur (now Geeda) District Gorakhpur.

It has further been submitted by the learned

counsel for the petitioner that the final report filed

before the court concerned and the court

concerned by means of order dated 17.09.2022

directed for further investigation in the matter.

Thereafter further investigation was done and

submitted final report dated 17.11.2022 before the

concerned court. The investigating officer has not

found any evidence against the petitioner in the

said case.

It is also submitted that the petitioner has not

been considered merely on account of pendency

of the Criminal Case and the petitioner cannot be

held up indefinitely from being considered for

promotion. Learned counsel for the petitioner has

referred the decision of the Apex Court in the case

of Union of India vs. K.V. janki Raman, AIR

1991 SC 2010 wherein The Apex Court has issued

guidelines in regard to seal cover envelop. This

aspect has also been considered by a Division

Bench of this Court in the case of Kumari Maya

(Mahalla Constable) vs. State of U.P. and

ot