PRADEEP KUMAR SINGH BAGHEL, J. - (1.) This is a petition by one Virendra Kumar Misra, who is employed as a Group 'D' employee in the office of the Patrachar Siksha Sansthan, Allahabad.
(2.) A brief reference to the factual aspects would suffice. The petitioner has preferred this writ petition for issuance of a writ of certiorari quashing the order dated 25th March, 2015 and the consequential order whereby a direction has been issued for holding written examination and interview for the purposes of promotion from Class -IV employees to Class -III posts of Junior Clerks/Routine Clerks in the Directorate of Education. A further relief has been sought for a direction upon the respondents to make promotion on the basis of criterion of "seniority subject to the rejection of unfit" as provided under Rule 17 of the Uttar Pradesh Directorate of Education Ministerial Service Rules, 1983. The petitioner was initially appointed as a Class -IV employee in the year 1983 in the office of the Patrachar Shiksha Sansthan, Allahabad and was confirmed. He claims that he has unblemished service record and has been awarded selection grade and benefits of Assured Career Progression (A.C.P.) scheme. According to him, his services are governed under the Uttar Pradesh Directorate of Education Ministerial Service Rules, 19831, which has been framed by the Governor in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India. The petitioner claims that he possesses the essential qualification for appointment/ promotion to the next higher post of Class -III (Junior Clerk/Routine Clerk) in the Directorate of Education, Allahabad.
(3.) It is stated that prior to the enforcement of the Rules, 1983, the promotions of Class -IV employees to Class -III posts were governed by the Government Order dated 31st August, 1982. Under the said Government Order there was 15 per cent quota for promotion of Class -IV employees to Class -III posts and the criterion for promotion was merit. However, after the enforcement of the Rules, 1983 the promotion was governed under Rule 17 of the Rules, 1983, wherein the criterion for promotion was 'seniority subject to the rejection of the unfit' through the Selection Committee.;