Allahabad High Court
DEEPAK AHIRAWARversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The petition was disposed of at the admission stage, directing the petitioner to make a fresh representation and the respondent to decide the promotion within a stipulated period, without the court adjudicating on the merits.
Summary
The petitioner, a police constable, filed a writ petition seeking a mandamus directing the respondents to promote him to the post of Head Constable, citing the completion of a disciplinary punishment dated 12.01.2024 and his seniority. He alleged that despite repeated representations to the Superintendent of Police, Banda, no decision had been taken on his promotion. The respondents contended that the decision would be taken expeditiously. The High Court, after hearing counsel, disposed of the petition at the admission stage, allowing the petitioner to file a fresh representation within three weeks and directing the respondent to pass an appropriate order within six weeks. The court clarified that the order does not constitute a merits-based decision and the third respondent must consider the matter independently in accordance with law.
Issues considered
- Whether the petitioner is entitled to promotion to Head Constable after completion of his punishment and seniority considerations.
- Whether the court can issue a mandamus directing promotion in the absence of a decision by the administrative authority.
Subjects
- promotion
- police service
- mandamus
- seniority
- disciplinary punishment
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 6667 of 2026
Deepak Ahirawar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Mishra, Lavkush
Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for the respondent-State.
2. The petitioner has preferred present writ petition inter-alia with the
following prayer:-
"I. Issue a writ, order or direction in the nature of mandamus, directing/commanding
the respondent authorities to promote the petitioner to post of Head Constable as well
as to award all other benefits considering the seniority of the petitioner, within
stipulated period of time as fixed by this Hon'ble Court."
3. It is argued by learned counsel for the petitioner that period of
punishment awarded vide order dated 12.01.2024 has already came to an
end hence petitioner is entitled for consideration of his case for promotion
on the post of Head Constable and though in this regard time and again
representations were made by the counsel for the petitioner before the
Superintendent of Police, Banda/respondent no.3 but till date no decision
has been taken in the matter hence present writ petition.
4. On the other hand it is argued by learned Standing Counsel that
respondent no.3 will take a decision in the matter expeditiously.
5. With the consent of learned counsel for the parties, the writ petition is
being disposed of at the admission stage itself.
6. In the facts and circumstances, petitioner is permitted to submit a fresh
WRIA No. 6667 of 2026
2
representation ventilating all his grievances before the respondent no.3
along-with certified copy of this order within a period of three weeks
from today. If such a representation is made, the respondent no.3 is
directed to pass appropriate order in accordance with law within a further
period of six weeks.
7. With the aforesaid observations, present writ petition is disposed of
finally.
8. Since the writ petition has been decided on an exparte version without
seeking any response from the respondents, thus passing of the order
today may not be construed to an expression that this Court has gone into
the merits of the matter and the third respondent shall accord independent
consideration strictly in accordance with law and the mandate of law
holding the field.
(Prakash Padia,J.)
May 5, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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