Allahabad High Court
Sudhakar Singh vs State Of U.P. And 3 Others on 16 March, 2021
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 2282 of 2021 Petitioner :- Sudhakar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Yadav,Jitendra Yadav Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner is before this Court for a direction to the respondents to determine the seniority of the petitioner on the post of Inspector since the year 2016 and to place him at correct place in the seniority list of the Inspectors.
Learned counsel for the petitioner submits that controversy in hand is squarely covered by the judgment of this Court dated 23.2.2021 passed in Writ-A No.2148 of 2021 (Munesh Bharti v. State of U.P. & Ors.) and as such it is contended that similar indulgence may also be accorded in this writ petition. For ready reference, the operative portion of the judgment dated 23.2.2021 is quoted as under:-
"....Learned counsel for the petitioner has placed reliance on the judmgent in R.K. Singh v. State of U.P. & Ors., 1991 Supp. (2) SCC 126, wherein Hon'ble the Apex Court has shown displeasure on the pretext that once adverse entries awarded to the appellant were expunged, the appellant is entitled to selection grade with effect from the date on which he was eligible for grant of selection grade. In the present matter the seniority of the petitioner has been determined on the post of Inspector since the year 2019 instead of the year 2016. Therefore, the claim of the petitioner is to be decided in the light of the judgment passed by Hon'ble Apex Court in R.K. Singh (Supra). The petitioner made several representations before the respondents but till today no action has been taken by the respondent authority. It has been pressed that the claim of the petitioner may be decided in the light of the judgement in R.K. Singh v. State of U.P. & Ors. (supra).
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally, asking the petitioner to move an appropriate application before the respondent no.3/Deputy Inspector General of Police (Establishment) at Lucknow within ten days from today. In case any such application is moved, the same would be redressed by the respondent no.3 in the light of judgement in R.K. Singh v. State of U.P. & Ors. (supra) strictly in accordance with law......"
So far as factual and legal aspect is concerned, the same could not be disputed by learned Standing Counsel.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, this writ petition is disposed of finally, asking the petitioner to move an appropriate application before the respondent no.3/Deputy Inspector General of Police (Establishment) at Lucknow within ten days from today. In case any such application is moved, the same would be redressed by the respondent no.3 in the light of judgement in R.K. Singh v. State of U.P. & Ors. (supra) strictly in accordance with law.
Order Date :- 16.3.2021 SP/