- (1.) Heard learned counsel for petitioner as well as learned standing counsel and perused the record.
(2.) The writ petition was filed in the year 1993 challenging the order dated 10.9.1993 whereby the petitioner was reverted from the post of Personal Assistant to the post of Stenographer.
(3.) Learned counsel for petitioner submits that the order impugned is not sustainable in the eyes of law as the U.P. Rajaswa Parishad (Clerical Cadre) Service Rules, 1983 (for short 'Rules') particularly Rule 5 (8) provides that 33% posts in the Personal Assistant Cadre shall be filled up by promotion from the departmental candidates. There were regular posts available against the said quota against which petitioner could be promoted. The opposite parties instead of giving regular promotion to the petitioner on the post of Personal Assistant had only given temporary promotion for three months. The petitioner is entitle to be given regular promotion on the post of Personal Assistant.;