- (1.) Heard Shri Vinod Kumar Shukla, learned counsel for the petitioner and Shri Mata Prasad, learned Addl. Chief Standing Counsel for the respondents.
(2.) The petitioner is seeking a direction to the respondents to consider his claim for promotion in pursuance of his seniority position in the select list of June, 2010 in terms of the Government Circular dated 25.1.2012. By order dated 19.1.2016 the promotion of Shri Jagnandan singh and Shri Arun Pratap Singh has been made from Class IV to Class III post. The select list of June, 2010 shows that the petitioner is at sl. no. 8. He is shown to have qualified in the selection and he is also intermediate passed. The contention of the petitioner is that the persons, namely Jagnandan Singh and Shri Arun Pratap Singh, at sl. no. 24 and 26 in the select list who are far junior to the petitioner have been given promotion in the intermediate quota and the petitioner has been left out. In paragraph 13 of the writ petition it is stated that the persons at sl. no. 26 Shri Jagnandan Singh and the person at sl. no. 24 Shri Arun Pratap Singh, in respect of similar claim filed W.P. No. 11096 of 2014 and W.P. No. 55593 of 2015 which were disposed of by the High Court with a direction to the respondents to consider the claim of the petitioners for promotion in the 20% quota and in pursuance thereof, these persons have been given promotion.
(3.) In paragraph 11 of the short counter affidavit filed by the respondents it is admitted that Shri Arun Pratap Singh and Shri Jagnandan Singh at sl. no. 24 and 26 of the select list have filed writ petitions which were disposed of on 20.2.2014 and 1.10.2015 and both have been promoted to the post of Junior Clerk in compliance of the High Court's order. In paragraph 12 of the short counter affidavit it is stated that against the 5% quota reserved for intermediate passed candidate two posts of Junior Clerk have been filled up by Shri Jagnandan Singh and Shri Arun Pratap Singh and as such there is no vacancy as of today.;