PURAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition is directed against an order passed by the Principal Medical College, Kanpur Nagar dated 17.8.2019, whereby promotion offered to petitioners on 2.5.2018 has been cancelled.

(2.) The brief narration of facts would be relevant in order to examine the issue raised in this petition. It transpires on record that there exists three vacant posts of Driver in the medical college and its affiliated college. These posts were filled by promotion offered to three persons on 27.6.2015. The order dated 27.6.2015 was challenged in Writ Petition No. 37571 of 2015 and this Court proceeded to pass interim protection on 15.7.2015. The writ petition No. 37571 of 2015 was ultimately got dismissed as withdrawn on 21.2.2018. The promotion offered on 27.6.2015 , therefore, stood intact. The authorities, however, proceeded to cancel the promotion offered on 27.6.2015 by passing an order on 3.4.2018. This order dated 3.4.2018 was challenged by the aggrieved persons before this Court in Writ Petition No. 10490 of 2018 and the same was allowed vide following orders passed on 6.7.2018:-

(3.) During the pendency of the aforesaid Writ Petition No. 10490 of 2018, it appears that the authorities proceeded to undertake fresh promotion against the same three posts and the present petitioners were promoted on 2.5.2018. The judgment of this Court dated 6.7.2018 was also put to challenge by the Principal of the institution in Special Appeal ( Def.) No. 457 of 2019 and the appeal has been dismissed on 16.5.2019 vide following orders:-