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Judgment
The matter pertains to promotion of the petitioner which is denied merely on the ground that the petitioner has been appointed on the compassionate
ground.
Mr. Amit Kumar Tiwari, learned counsel for the petitioner vehemently submitted that the issue is finally to be decided by the State Government by a
decision to be taken with the approval of the Cabinet and to that effect, this Court had passed an order in W.P.(S) No.502 of 2016 along with other
analogous cases, wherein, learned Addl. Advocate General appearing for the respondent authority has made a specific statement that the
memorandum along with the recommendation of the Committee will be sent for concurrence of the Finance Department and also sent for approval of
the Cabinet and thereafter on the basis of the aforesaid stand, this writ petition disposed of directing therein to complete the process of promotion
within a period of 12 weeks' from the date of receipt of copy of this order. Thereafter, in another W.P.(S) No.4429 of 2018, in the similarly situated
issue, this Court after taking into consideration, the lackadaisical approach of the authority in not taking the final decision in spite of the State
Government stand taken in W.P.(S) No.502 of 2016 had made an observation but surprisingly even after lapse of one year, nothing has been brought
on record to show that the respondents have taken any decision in compliance of earlier order passed in W.P.(S) No.502 of 2016 and other analogous
cases. Even after specific order and directions of the Court, several writ petitions of same nature are being filed seeking the same relief, however, this
Court in the aforesaid writ petition has communicated the same order to the Chief Secretary of the State Government to look into the matter.
The Grievance of the petitioner in this writ petition is again the same as that of in the writ petition nos.502 of 2016 and 4429 of 2018. since no steps
yet been taken, however, in the counter affidavit, averments has been made that the matter is lying pending before the Cabinet for its approval.
This Court after taking the matter seriously, since it relates to non-compliance of the orders passed by this Court, an order was passed on 04.12.2018,
allowing learned Addl. Advocate General to seek instruction with respect to the decision taken in the light of the aforesaid order passed in W.P.(S)
No.4429 of 2018 and posted the case for hearing on 19.12.2018, again the matter was posted on 02.01.2019 but no affidavit has been filed, therefore,
the matter has been adjourned to be listed on 03.01.2019 for seeking instruction as to whether the issued involved in this case has been placed before
the Cabinet.
Mr. Jai Prakash, learned Addl. Advocate General has submitted on instruction from the concerned Secretary of the State Government that the final
decision would be taken with respect to the promotion of the petitioner as also the similarly situated employees and to be completed within a period of
two months, however, no affidavit has been filed, therefore, this Court is of the view that the appropriate affidavit needs to be filed.
Accordingly, the respondent authority is directed to file specific affidavit duly been sworn by the Secretary of the Department within a week.
List this case on 16.01.2019.
Let a copy of this order be handed over to the learned Addl.
Advocate General in course of the day.