MALIK YUNUS ALI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Malik Yunus Ali v. State Of U.P. And Others - WRIT - A No. 23894 of 2007 [2007] RD-AH 9632 (21 May 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner and the learned standing counsel.

By this writ petition the petitioner has prayed for mandamus commanding the respondent no. 2 to give out of turn promotion to the petitioner according to  Government order  dated 3.2.1994 from the  date three other persons  were given promotion. Petitioner's case in the writ petition is that with regard  to an incident which took place on 2.11.2004 in which one  criminal died due to police action three persons have already given out of turn promotion.  Petitioner's case further is that the Senior Superintendent of Police   Etah has already recommended  for promotion by letter dated 27.9.2006.  He submits that  according to  Government order out of turn promotion be considered by a Committee. Learned standing counsel submits  that in view of the fact that the petitioner's recommendation is pending, ends of justice be served in directing the respondent no. 2 to take steps for consideration of petitioner's claim  for out of turn promotion.

In view of aforesaid the writ petition is disposed of directing the respondent no. 2 to take steps for consideration of the petitioner's claim for out of turn promotion in accordance with the  Government order  dated 3.2.2004.  It is made clear that this Court is not expressing any opinion on the merits of the claim of the petitioner and it is for the competent authority to consider the same and take appropriate decision in accordance with law.  The said decision shall be taken expeditiously preferably within a period of four months from the date of production of a certified copy of this order .

With the above observations the writ petition is disposed of.

D/-21.5.2007

SCS/23894

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