AVANISH KUMAR Vs. STATE OF U P AND OTHERS
LAWS(ALL)-2018-12-12
HIGH COURT OF ALLAHABAD
Decided on December 04,2018

Avanish Kumar Appellant
VERSUS
State Of U P And Others Respondents

JUDGEMENT

Ajit Kumar, J. - (1.) Heard learned counsels for the parties.
(2.) By means of this writ petition under Article 226 of the Constitution of India, the petitioner has questioned the propriety of the action of respondents in passing the order dated 25.08.2010 reverting the petitioner from the post of Junior Clerk to Peon, without affording any show cause notice and opportunity of hearing in the matter before passing the order. The petitioner has also challenged the order dated 19.08.2010, whereby, the 3rd respondent has held the petitioner to be not entitled for promotion as being much junior to the other employees in the seniority list of Class-IV cadre and the cut off list by which candidates were shortlisted to be considered was only upto serial no. 123, whereas, petitioner's name found place such beyond that and so there was no question of consideration of candidature of the petitioner superseding other seniors.
(3.) Yet another ground has been taken in the order dated 19.08.2010 is that the petitioner was offered promotion under the reserved category of Dependents of Freedom Fighters, whereas, there is no such category under the Rules for promotion. The 3rd respondent has arrived at the conclusion on the basis of some report of inquiry conducted into the matter on the complaint of certain persons who were juniors to the petitioner and approached to Lucknow Bench of this Court vide Writ Service Single No. 24026 of 2010 in which an order was passed on 03.05.2010 regarding their grievance to be addressed by the competent authority.;


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