Anil Kumar v. State Of .U.P. And 4 Ors.

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