Pradeep Kumar vs. Union Of INDIA Thru. Its Secy. Ministry Of Finance Deptt. Of Revenue New Delhi And 3 Others
Held
The Court did not enter into the merits of the case. Instead, it disposed of the writ petition with a specific direction to Opposite Party No. 3. The Court ordered that the representation of the petitioner, dated 8th September, 2022, be considered and decided in accordance with the law. This decision is to be made by passing a reasoned and speaking order expeditiously, within a period of eight weeks from the date a certified copy of the Court's order is produced before the authority. The decision reached is to be communicated to the petitioner. No specific finding was made on the entitlement to promotion or the alleged overlooking of the petitioner's claim, as the matter was decided on the procedural aspect of representation.
Facts
The petitioner, Pradeep Kumar, is an Inspector in the Central Goods and Services Tax and Central Excise, Lucknow Zone. He claims promotion to the post of Superintendent with effect from 18.12.2017. The petitioner alleges that his juniors have been promoted while he has been overlooked. Consequently, he filed a writ petition seeking a direction for his promotion. The petitioner further submitted that his grievance would be substantially addressed if his representation is considered and decided by the concerned authority. The learned State counsel did not object to this prayer.
Key Issues
1. Whether the petitioner is entitled to a direction for promotion to the post of Superintendent with effect from 18.12.2017, considering that his juniors have allegedly been promoted while he has been ignored? (Question of law and fact, concerning promotion rules and seniority). Contentions: Petitioner: Argued that he has been overlooked for promotion to the post of Superintendent despite being eligible and that his juniors have been promoted. He sought a direction for his promotion. He also submitted that his representation dated 8th September, 2022, should be considered and decided by the concerned authority. Respondent: The learned State counsel did not object to the petitioner's prayer for consideration of his representation.
AI-generated summary — verify with the full judgment below
Court No. - 8 Case :- WRIT - A No. - 7741 of 2022 Petitioner :- Pradeep Kumar Respondent :- Union Of India Thru. Its Secy. Ministry Of Finance Deptt. Of Revenue New Delhi And 3 Others Counsel for Petitioner :- Himanshu Vaish,Rajesh Kumar Gupta,Sunder Lal Counsel for Respondent :- A.S.G.I. Hon'ble Alok Mathur,J.
Heard Sri Himanshu Vaish, learned counsel for the petitioner as well as Sri Varun Pandey, who has put in appearance for the respondents.
It has been submitted by learned counsel for the petitioner that the petitioner is working on the post of Inspector in the office of Principal Chief Commissioner (Cadre Commissioner- ate), Central Goods and Services Tax and Central Excise, Lucknow Zone, Lucknow and has claimed his promotion to the post of Superintendent with effect from 18.12.2017. It has been submitted by learned counsel for the petitioner that juniors to the petitioner have been granted promotion but the petitioner has been ignored and consequently present writ petition has been filed for a direction to the opposite parties to promote the petitioner on the post of Superintendent.
Learned counsel for the petitioner further submits that his grievance shall be s
The judgment continues below.
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