Court No. - 29
Case :- SPECIAL APPEAL No. - 438 of 2014
Appellant :- Anil Kumar
Respondent :- State Of .U.P. And 4 Ors.
Counsel for Appellant :- S.P. Singh,B.B.Singh
Counsel for Respondent :- C.S.C.
Hon'ble Sunil Ambwani,J.
Hon'ble Vivek Kumar Birla,J.
We have heard Shri S.P. Singh, learned counsel appearing for the
petitioner. Learned Standing Counsel appears for the State
respondents.
The petitioner is serving as Class IV employee. Having completed
five years satisfactory service he claimed promotion on the vacant
post of Assistant Clerk. Learned Single Judge found that Shri
Chandra Pal Singh, senior to the petitioner is going to retire on
30.6.2015. Unless his claim is considered, the petitioner placed at
serial no.2 in the seniority list does not have a right to be
considered for promotion.
It is submitted by learned counsel appearing for the petitioner that
he had pleaded in the writ petition; taken a ground as well as
argued that the single post has been filled up by adjusting a person
under Dying-in-Harness Rules.
We do not find that this argument was raised before learned Single
Judge as it is not mentioned in the judgment.
It is fairly well settled that if the petitioner is aggrieved by non-
consideration of any ground for which there is sufficient pleadings,
the remedy open to him is to file a review petition. Further we find
that the petitioner's claim being at serial no.2 in the seniority list
can be considered only after the claim of Shri Chandra Pal Singh is
considered and after he is not found suitable for promotion. It
cannot be assumed that Shri Chandra Pal Singh is not suitable for
the petitioner to be considered for promotion.
The Special Appeal is dismissed with liberty to the petitioner to
file a review petition
Order Date :- 5.5.2014
RKP
Neutral Citation No. - 2014:AHC:79905-DB