- (1.) Special leave granted.
(2.) A writ petition was filed before the High Court on behalf of 32 Personal assistants working in the office of the Advocate-General, State of Uttar pradesh. The main grievance of the petitioners was that there was total stagnation in their cadre as there was no promotional avenue from the post of personal Assistant to any other higher post. The petitioners further sought a direction to the State Government to create posts of Private Secretaries, Grade II so that the petitioners could be promoted to those posts. The High Court by its judgment dated 26-11-1991 allowed the writ with the following directions: "In view of what has been indicated hereinabove the writ petition succeeds. A writ in the nature of certiorari is issued quashing the impugned order dated 24-1-1990 contained in Annexure 1 to the writ petition issued by opposite party 1, A writ in the nature of mandamus directing the opposite parties to create posts of Private Secretaries, Grade II to the extent of 25 per cent of the Personal Assistants in the office of the Advocate-General to be filled by promotion from amongst the Personal Assistants within a period of three months from today and to implement the Government Order dated 20-9-1981 in the case of the Personal Assistants in the office of the advocate-General is also issued. "we are of the view that the High Court was not justified in directing the State government to create posts of Private Secretaries, Grade II to the extent of 25 per cent of the Personal Assistants in the office of the Advocate-General and the same be filled by promotion from amongst the Personal Assistants. The creation of posts is a matter which falls entirely within the domain of the State government. Ordinarily it is not for the courts to direct the creation of posts or cadres in the Government services. This is the function of the executive. We have been taken through the judgment of the High Court and we find no justification for issuing such a direction. We are, however, of the view that some channel of promotion has to be provided for the Personal Assistants in the office of the Advocate-General, Uttar Pradesh. We, therefore, direct the State government to consider the case of the Personal Assistants and in order to remove the stagnation they are facing, provide a reasonable promotional avenue to them. We allow the appeal and modify the relief granted by the High Court to the extent indicated. No costs.;