Allahabad High Court
Neeraj Kumar Dhama vs State Of U.P. And 3 Others on 16 January, 2023
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 19 Case :- WRIT - A No. - 21091 of 2022 Petitioner :- Neeraj Kumar Dhama Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh Chandra Shukla Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J.
Heard Shri Akhilesh Chandra Shukla, learned counsel for the petitioner and Miss Neetu Singh, learned standing counsel for the State-respondents.
The submission of the learned counsel for the petitioner is that the petitioner was terminated from service, which was assailed by the petitioner before this Court by filing WRIT-A No.32666/2015 (Neeraj Dhama v. State of U.P. & 4 Ors.), whereby by means of the order dated 08.05.2019, the writ petition of the petitioner was allowed and while setting aside the orders, the petitioner was permitted to be considered with entitlement of continuity of service along with other service benefits including back-wages.
It has further been submitted that the said order was assailed by the State-respondents before the Apex Court, however, the S.L.P., was partly allowed by means of the order dated 18.10.2022, a copy of which has been brought on record as Annexure No.12.
It is submitted that the modification by the Apex Court was in respect of grant of back-wages instead of full back-wages which was modified to 50% by the Apex Court, but insofar as the continuity of the service and other benefits are concerned, the same affirmed.
It is further submitted that the petitioner has represented before the respondent No.3 regarding his promotion in view of the order passed by this Court as well as Apex Court, however, the same has not yet been considered.
It is in the aforesaid backdrop that the petitioner prayed for a direction to be issued to the respondent No.3 to consider the case of the petitioner for promotion on the post of Inspector.
Having considered the aforesaid as well as the nature of dispute as raised by the petitioner, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather liberty is granted to the petitioner to move a fresh representation before the respondent No.3 within a period of two weeks from today enclosing all the relevant documents and orders passed by Apex Court and this Court. In case, if such a representation is moved within the aforesaid period of two weeks, the respondent No.3 shall consider and decide the same strictly in accordance with law within a period of eight weeks from the date of receipt of the representation.
It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall take a decision in accordance with law and communicate the decision so taken to the petitioner.
With the aforesaid, the petition is disposed of.
Order Date :- 16.1.2023 Rakesh/-