B.AMIT STHALEKAR, J. - (1.) HEARD Sri Birendra Pratap Singh, learned counsel for the petitioner and Sri H.N. Pandey, learned counsel for the respondent no.6.
(2.) THE petitioner is aggrieved by the order dated 03.12.2014 whereby the DIOS, Badaun has recalled the earlier order dated 05.11.2014 passed by the earlier DIOS wherein the petitioner had been given promotion under the reservation quota in the Scheduled Caste Category.? The second order impugned in the present writ petition is dated 16.01.2015 whereby the promotion of respondent no.6, Rakesh Chandra Saxena from Class IV post to Class III post has been approved.
(3.) THE contention of the petitioner is that there are five posts in the clerical cadre and therefore his promotion from Class IV post to Class III post against one post of Scheduled Castes Category was valid. However, Sri H.N. Pandey submits that in the earlier order dated 11.08.2014 passed in writ petition no.57144 of 2009 it has come on record that including the post of Head Clerk there are only four posts of Clerk in the Clerical Cadre.? The petitioner is relying upon the order dated 05.11.2014 whereby he has been given promotion under the reserved quota and perusal of that order also discloses that there are only four posts and not five posts.;