- (1.) By this writ petition, the petitioner is challenging the order dated 20.7.2010, whereby, the D.I.O.S. has directed that since the reservation quota in class III post is not completed, therefore, the post in question should be released for direct recruitment relying upon the G.O. dated 18.12.1990 for promotion in class III post.
(2.) Briefly stated the facts of the case are that there is an Intermediate College known as Shambhu Dayal Inter College, Ghaziabad (hereinafter referred to as 'the Institution') which is recognised under the U.P. Intermediate Education Act, 1921 and the Payment of Salary Act, 1971 is also applicable thereto. The petitioner is working on the post of Class-IV employee in the Institution. There are five sanctioned posts in the cadre of class-III including the post of head clerk. One Sri Prakash Chandra (OBC) has been promoted and one Sri Panna Lal Gupta has been promoted on the post of Assistant Clerk from class-IV. Out of the two remaining posts of Assistant Clerk one Sri Gajendra Kumar Mittal and Sri Rajeev Kumar Tyagi have been appointed by direct recruitment. Thus, according to the petitioner one post of Assistant Clerk is lying vacant due to the retirement of Sri B. P. Mangalik on 30.11.2006.
(3.) It is further pointed out that for promotion for the post of Assistant Clerk in class-III against the 50% promotee quota, the Committee of Management submitted the requisite papers before the D.I.O.S., Ghaziabad on 24.2.2007 for approval. The D.I.O.S. Ghaziabad, however, declined to grant approval and instead by the impugned order dated 27.10.2007 has directed that the single post in the promotee quota of class III be filled up by direct recruitment. A reference has been made to the G.O. dated 18.12.1990.;