S.H.A. Raza, J. - (1.) MR . R. S. Garg, who is working on the post of Assistant Director of Factories since 1972, assailing the order dated 25.4.1997 by means of which Mr. O. P. Bharti -respondent No. 3 who belongs to reserved category (Scheduled Caste) has been promoted to the post of Deputy Director of Factories (Administration), and has been posted at Head Quarter, has filed the present writ petition. The petitioner also wants the order dated 15.11.1995 to be quashed by means of which respondent No. 3 was appointed regularly on the post of Assistant Director of Factories. Writ of quo warranto was also prayed for commanding the respondent No. 3 to show cause as to how he was holding the post of Deputy Director of Factories (Administration), The petitioner also staked his claim for promotion on the post of Deputy Director of Factories (Administration).
(2.) THE order dated 25.4.97 by means of which respondent No. 3 was promoted on the post of Deputy Director Factories (Administration) as well as regular appointment of respondent No. 3 on the post of Assistant Director of Factories, have been sought to be nullified mainly on the following five grounds : 1. Respondent No. 3 lacked eligibility condition as he has not put in five years service in substantive capacity on the post of Assistant Director of Factories as provided in Rule (iii) of Rule 5 and further that the State Government was not vested with any power to relax the minimum eligibility particularly when no such order for relaxation was ever issued by the State Government. 2. The conversion of the post of Deputy Director of Factories (Chemical) to the post of Deputy Director of Factories (Administration) is vitiated. The promotional order of respondent No. 3 on the post of Deputy Director of Factories (Administration) Is bad as there existed only five posts in the cadre of Deputy Director (Administration) and as one member of the reserved category was already holding the post under Scheduled Caste quota of 21%, therefore, respondent No. 3 could not have been promoted to the post under the Scheduled Caste quota.
(3.) THE post of Deputy Director of Factories (Engineering) could not have been grouped or clubbed for the purposes of promotion.;