- (1.) Heard Mr.Aarohi Bhalla alongwith Mr.Sunil Kumar Singh, learned counsel for the petitioner and Dr.L.P.Mishra alongwith Mr.H.N.Tiwari, learned counsel for the respondent No.5 as well as learned Standing Counsel. The petitioner has assailed the order dated 13 July 2015 issued by the Principal Secretary, Panchayati Raj Department of the State Government, whereby in reference to order dated 20.5.2015, passed by this Court in writ petition No.574 (SB) of 2015 he has issued direction to the Incharge Officer/Joint Secretary, Zila Panchayat Monitoring Cell to receive all records through Deputy Director, Zila Panchayat Monitoring Cell, Lucknow.
(2.) The petitioner is posted as Deputy Director in the Zila Panchayat Monitoring Cell, Lucknow. The service conditions of Uttar Pradesh Zila Panchayat Monitoring Cell Gazetted Officers are governed under the 0(in short Rules 2004). Its Rule 4 provides the strength of each category of posts, which is extracted below:- JUDGEMENT_440_LAWS(ALL)5_2016.htm
(3.) Rule 5 provides the source of recruitment of the various categories of posts in service as under:- "5. Recruitment to the various categories of posts in the service shall be made from the following sources:- (1) Deputy Director (i) 33 1/2 percent by Promotion through the Selection Committee from amongst substantively appointed Engineers who have completed eight years service as such on the first day of the year of recruitment. (ii) 33 1/2 percent by Promotion through the Selection Committee from amongst substantively appointed Karya Adhikaris who have completed eight years service as such on the first day of the year of recruitment. (iii) 33 1/2 percent by Promotion through the Selection Committee from amongst substantively appointed medical officers (Allopathic and Ayurvedic or Homeopathy) who have completed eight years service as such on the first day of the year of recruitment. (2) Engineer By direct recruitment through the Commission (3)Karya Adhikari By direct recruitment through the Commission (4) Medical Officer By direct recruitment through the Commission (Allopathic and Ayurvedic or Homeopathic)";