Allahabad High Court
MANOJ KUMARversusTHE STATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The court directed the respondents to decide on the petitioner’s ad‑hoc promotion to Inspector and to pass a speaking order within two months, thereby disposing the petition with directions.
Summary
Manoj Kumar, a Sub‑Inspector, filed a writ petition seeking a mandamus directing the Uttar Pradesh authorities to open the seal‑cover envelope and promote him to Inspector under Government Orders dated 28‑05‑1997 and 09‑01‑2018. The petitioner argued that similarly placed officers had been promoted and that his pending criminal case, which is over five years old, should not bar his promotion. The court noted the petitioner’s reliance on specific paragraphs of the petition and the precedent set by earlier judgments granting promotion to junior officers. It held that the respondents must consider the petitioner’s ad‑hoc promotion request in accordance with clause 10 of the 1997 Government Order and the 2018 Order, and issue a speaking order within two months. The judgment also directed the respondents to take into account the decisions in Writ‑A No. 8151/2022, Writ‑A No. 4801/2022 and Writ‑A No. 7917/2022. The petition was disposed of with these directions.
Issues considered
- Whether the petitioner is entitled to promotion to Inspector under the 1997 and 2018 Government Orders despite a pending criminal case.
- Whether the authorities are obligated to open the seal‑cover envelope and consider the ad‑hoc promotion.
- Whether the court can direct the respondents to pass a speaking order within a specified time frame.
Subjects
- promotion
- ad‑hoc promotion
- seal cover
- government order
- mandamus
- police service
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13985 of 2026
Manoj Kumar
.....Petitioner(s)
Versus
The State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arya Gautam, Atipriya Gautam,
Mohammad Fahad, Sr. Advocate
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard Sri Vijay Gautam, learned Senior Counsel assisted by Sri Arya
Gautam, learned counsel for the petitioner and learned Standing Counsel.
2. The present petition has been filed with the following prayers :
"(i) issue, a writ, order or direction, in the nature of mandamus,
commanding the Respondent Authorities, to open the Seal Cover
Envelope and promote the petitioner from the post of Sub-Inspector to
Inspector, in pursuance of the Government Order No. 13/21/89-Ka-1-
1997, dated 28/05/1997, & Government Order No. 1/2018-
13(6)/2017/Ka-1-2018, dated 09/01/2018, & in the light of the Judgment
and order dated 09/05/2022 & 26/05/2022 passed by this Hon'ble Court
in Writ-A No. 4801/2022, (Ramesh Kumar Singh Vs. State of U.P. &
Others) Writ-A No. 8151/2022 (Neeraj Kumar Pandey Vs. State of UP
and others) from the date their Juniors have been granted promotion,
with all consequential benefits.
(ii) issue, a writ, order or direction, in the nature of mandamus,
commanding the Respondent Authorities, to consider the claim of the
petitioner for Ad-hoc promotion on the post of Inspector in pursuance of
the Government Order No. 13/21/89-Ka-1-1997, dated 28/05/1997, &
Government Order No. 1/2018-13(6)/2017/Ka-1-2018, dated 09/01/2018,
& in the light of the Judgment and order dated 09/05/2022 & 26/05/2022,
passed by this Hon'ble Court in Writ-A No. 4801/2022, (Ramesh Kumar
WRIA No. 13985 of 2026
2
Singh Vs. State of U.P. & Others) Writ- A No. 8151/2022 (Neeraj Kumar
Pandey Vs. State of UP and others) from the date their Juniors have been
granted promotion, with all consequential benefits."
3. The contention of the counsel for the petitioner is that in terms of the
Government Order dated 28.05.1997, it is incumbent that the promotion
of the petitioner has to be considered after opening the seal cover.
4. The counsel for the petitioner places reliance on the specific averments
made in paragraph 19, 20, 21 & 22 of the writ petition to argue that the
persons similarly placed have been accorded promotions and the case of
the petitioner is not being considered only on account of the pendency of
a criminal case which is more than five years old and the promotion of the
petitioner has to be considered in the light of the Government Order dated
28.05.1997.
5. Considering the submissions made at the bar and the fact that the
persons similarly placed have been considered for promotion, the present
petition is disposed off directing the respondents to take a decision on the
petitioner's ad-hoc promotion request to the post of Inspector in the light
of the clause 10 of the Government Order dated 28.05.1997 and
Government Order dated 09.01.2018. The respondents are directed to pass
a speaking order within a period of two months. While passing the said
order, the respondents shall also consider the judgments passed by this
Court in Writ A No.8151 of 2022 (Neeraj Kumar Pandey vs. State of U.P.
) decided on 26.05.2022 and Writ A No.7917 of 2022 (Umesh Pratap
Singh vs. State of U.P. and others) decided on 09.09.2022.
6. The writ petition stands disposed of with the said directions.
(Manish Kumar Nigam,J.)
September 8, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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