Shabuhul Hasnain, J. - (1.) Heard Sri Ran Vijay Singh, learned counsel for the petitioner and learned Standing counsel.
(2.) Petitioner has prayed for quashing of the impugned Government order dated 20.4.2007 contained in annexure No.1 as well as the decision of the departmental promotion committee dated 10.8.2007, as contained in annexure No.2 to the writ petition. The petitioner was appointed on the post of Junior Clerk under Dying in Harness Rules on 7.11.2003. The petitioner has annexed the 1978 rules known as Uttar Pradesh Koshagar Lipik Vargiya Sewa Niyamawali, 1978. Attention of this Court has been drawn towards rule No.16 (1) which says that promotion to the next higher post will be made on the principle of seniority subject to rejection of unfit. Petitioner has made categorical statement that the said rules have not been modified or changed till date. He says that he has all the qualifications mentioned in the rules and, as such, he ought to have been promoted along with Ajay Kumar Tripathi, Smt. Rekha Gaud and Sri Shailendra Srivastava, who were promoted on 10.8.2007. The departmental promotion committee found the petitioner suitable in all respects except for the fact that he had not completed seven years on 10.8.2007 i.e. the date of promotion of aforesaid three persons.
(3.) Counter affidavit has been filed. Learned Standing counsel has pointed out that there was Government order No.5-3- writ-136/10-2007, dated 20th April, 2007 which had prescribed that the minimum length of service for promotion from the post of Junior Clerk to the post of Assistant Accountant will be seven years.;