Allahabad High Court
Kamlesh Kumar Srivastava And 4 Others vs State Of U.P. And 8 Others on 14 October, 2019
Author: Suneet Kumar
Bench: Suneet Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- WRIT - A No. - 17692 of 2018 Petitioner :- Kamlesh Kumar Srivastava And 4 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Zuber Ahmad Siddiqui,Sanjeev Singh Counsel for Respondent :- C.S.C.,M.N. Singh Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
By the instant writ petition, petitioner inter alia seeks the following reliefs:
"(a) issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3-Additional Inspector General, Prisions (Head Quarter), Jail Administration and Reforms Services, Lucknow to include the name of the petitioners in the eligible seniority list of employees dated 23.7.2018 (Annexure No. 6 to the writ petition) to be granted promotion from 'Head Jail Warder' to the post of 'Deputy Jailor' as all the petitioners fulfill the required eligibility and their names have wrongly excluded;
(b) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 9-Uttar Pradesh Public Service Commission not to proceed with the Departmental Promotion Committee to grant promotion on the post of Deputy Jailor from the feeding cadre as the names of the petitioners has wrongly not considered;"
At the out set, the learned counsel for the petitioners on instructions submits that the petitioners would be satisfied in the event of the writ petition being disposed of with a direction to the respondents to consider the claim of the petitioners for promotion on the post of Deputy Jailor against the vacancies of the selection year 2018-19 as stated in para 11 of the counter affidavit filed by the respondent nos. 2 to 8. In view thereof, the relief claimed for in the instant writ petition is not being pressed the petitioners.
In the counter affidavit a stand has been taken that there is no vacancy in the earlier recruitment year 2017-18, however, the petitioners are entitled for promotion against the vacancies of recruitment year 2018-19 on the post of Deputy Jailor.
In view thereof, the writ petition is being finally disposed of on the consent of the parties directing the third respondent, Additional Inspector General, Prisions (Head Quarter), Jail Administration and Reforms Services, Lucknow, to consider the claim of the petitioners for promotion to the post of Deputy Jailor against the vacancies of 2018-19, in accordance with the Rules, expeditiously, preferably within three months from the date of filing of certified copy of this order along with the copy of the writ petition, provided there is no other impediment.
It is clarified that the Court has not considered the claim and contention of the learned counsel for the petitioners on merit.
Order Date :- 14.10.2019 S.Prakash