- (1.) This special appeal has been preferred by the State and its instrumentalities against the order of the learned Single Judge dated 26.3.2010 reported in, (2011) 1 UPLBEC 131 by which the learned Judge has allowed the petition filed by Respondent, original Petitioner, and has directed the Appellants herein to consider his claim for promotion to Group 'C post in accordance with the provisions of the Uttar Pradesh Subordinate Offices Ministerial Group 'C Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 (hereinafter referred to as the 'Recruitment Rules').
(2.) The Respondent herein is a Class-IV employee. Rule 5(1) of the Recruitment Rules reads as under: 5. Source of recruitment.-Recruitment to twenty percent of the vacancies of the ministerial group 'C' posts of the lowest grade in a subordinate office shall be made by promotion through the Selection Committee from the following sources: (1) Fifteen percent from amongst such substantively appointed group 'D' employees who have passed the High School Examination of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognized by the Government as equivalent thereto and who have completed five years service as such on the first day of the year of recruitment.
(3.) It is, thus, clear that Group 'D' employees (Class-IV) are entitled for promotion to 20 percent of the vacancies in the ministerial group 'C, if they have passed the High School Examination of the Board of High School and Intermediate Education of Uttar Pradesh or an examination recognized by the Government as equivalent thereto and have completed five years service as such on the first day of the year of recruitment. There is no dispute that the Respondent employee has necessary qualification to be considered for recruitment by promotion to a ministerial group 'C' post in the service of the State.;