Surendra Yadav 7800(S/S)2013 v. State of U. P. Thru Prin. Secy. Deptt. of Home U. P. Lko.
2016-01-22
D.Y.CHANDRACHUD, RAJAN ROY
body2016
DigiLaw.ai
JUDGMENT Rajan Roy,J. The special appeal has arisen from a judgment and order of the learned Single Judge dated 1 December 2015 by which a writ petition filed by the appellant seeking out of turn promotion on the post of Sub-Inspector (Civil Police) with effect from 10 January 1997 instead of the normal promotion which was granted to him on 1 December 2006 has been dismissed. 2. The claim for out of turn promotion was based on the contention that the appellant as a Constable had shown ?exemplary courage and bravery? by apprehending a thief who had run away by snatching a gold chain from the wife of the Special Secretary (Home) in the State Government. The Special Secretary (Home) issued a letter of appreciation and recommended out of turn promotion to the appellant. 3. The learned Single Judge dismissed the writ petition holding that the case has not been recommended by the Senior Superintendent of Police, Lucknow and the case has not been found fit for the out of turn promotion. The appellant sought to place reliance upon a judgment of the learned Single Judge dated 4 September 2015 in Mahaveer Singh Vs. State of Uttar Pradesh (Writ-A No.50782 of 2014). 4. The controversy involved in the present case has been considered and decided by a judgment of a Division Bench of this Court in State of Uttar Pradesh & Vs Mahaveer Singh (Special Appeal Defective No.884 of 2015) delivered on 12 January 2016. In any event, we find that the reasoning of the learned Single Judge is unexceptionable and no case for interference in a special appeal is made out. The special appeal is, accordingly, dismissed. There shall be no order as to costs.