- (1.) We have heard Sri Ashok Khare, learned Senior Advocate along with Sri H.N.Pandey, the learned counsel for the petitioners and Sri M.D.Singh Shekher, the learned Senior Advocate along with Sri M.M.Sharma, the learned counsel for respondent no.5, the learned Standing Counsel for respondent nos. 1 and 2 and Sri Rajeev Misra, the learned counsel appearing for the Uttar Pradesh Public Service Commission, respondent no.3.
(2.) Seven Passenger Tax Superintendents, who were subsequently promoted as Passenger Tax Officer, and another person directly appointed as Passenger Tax Officer filed writ petition no. 60185 of 2014 praying that their names should be forwarded for consideration for promotion on the post of Assistant Regional Transport Officer(A.R.T.O.). This Court by a judgment dated 09.12.2014 after considering all aspects, especially Rule 5 of the Uttar Pradesh Transport Service (Fourth Amendment) Rules, 2013, which indicated that 49% of the post of A.R.T.O. could be filled up by promotion from those persons, who were substantially appointed as Passenger/Goods Tax Officers and Regional Inspectors(Technical) directed the State Government to forward the list of Passenger/Goods Tax Officers to the Commission to consider their case for promotion to the post of A.R.T.O. The Court made it clear that the list of Regional Inspectors(Technical), which had already been forwarded by the State Government to the Commission would be considered by the Commission together with the list of Passenger/Goods Tax Officers.
(3.) Since the said direction was not complied with, a Contempt Application no. 4348 of 2015, Sri Narain Tripathi and 07 others Vs. Sri ArvindSingh Deo,Principal Secretary and another was filed, in which an affidavit of compliance was filed indicating that the names of the Goods/Passenger Tax Officer had been forwarded by the Government by letter dated 16.09.2015.;