- (1.) Heard Counsel for the Petitioner and the Standing Counsel.
(2.) Draped in brevity, the facts of the case are that the Petitioner, who is B.A., LLB., was initially appointed on the post of Mate on work charge basis on 1.11.1988. On 26.5.1995, he was given regular appointment on the said post in the regular establishment in the pay scale of Rs. 775-1025. According to the Petitioner, though the work of Class -III post is being taken for the last 12 years but he is being given the salary of Mate. Vide letter dated 10.1.2006, the Chief Engineer (Central Zone), Public Works Department informed the Superintending Engineer of Sitapur-Kheri Circle that one post of Class III has been sanctioned in the said circle to be filled in by promotion from Class-IV employees. Thereafter, the Executive Engineer was asked vide letter to 14.2.2006 to give details of the employees eligible for promotion. Vide letter dated 6.5.2006, the Petitioner and other candidates were informed that examination for promotion will be held on 12.5.2006.
(3.) The grievance of the Petitioner is that though there is no requirement under Uttar Pradesh Subordinate officers Ministerial Group 'C' Posts of the Lower Grade (Recruitment by Promotion) Rules, 2001 [in short referred to as '2001 Rules'] but a necessary condition of typing test was fixed by the opposite party No. 4 with the sole intention to give appointment to the person of his choice. Type test is required only for the post which has the duties of typing. It has also been contended that though the persons working on substantive basis are to be considered for promotion as per 2001 Rules but the opposite parties included ineligible persons. The Petitioner, therefore, made representation to the authorities concerned pointing out the defects and for considering his claim for promotion on Class-Ill post. He also pointed that while giving promotion to other candidates from Group-D to Group-C post, the candidates have been given opportunity to do practice and learn typing after giving promotion and were allowed six months' to one year period for getting the knowledge of typing Therefore, the stand of the opposite parties that the Petitioner is not entitled for promotion to the post of Junior Clerk is wholly arbitrary and illegal.;