- (1.) D. K. Seth, J. Mr. Prabodh Gaur, learned counsel for the petitioner, con tends that the promotional channel avail able to the petitioner, as pointed out in paragraphs 14 and 17 of the counter-af fidavit, is violative of Articles 15 and 16 of the Constitution. According to him, the scope of future promotion is dependent purely on chance of availability of a vacan cy in the order of seniority. Secondly he contends that the post of Booking Clerk/junior Clerk being interchangeable with that of Traffic Inspector - II, the latter post could not be filled up by the Junior Clerk/booking Clerk for the purpose of future promotion in the post of Traffic Inspector-I. According to him, Junior Clerk/booking Clerk should be eligible for promotion to the post of Traffic In spector and be so considered for such pur pose. The scope of promotion, therefore, is anomalous. He contends further that according to the Rules that is being fol lowed by the respondents, unless a person is posted as Traffic Inspector-II he is not considered for promotion to the post of Traffic Inspector-I. By reason thereof, the petitioner having been promoted from the post of Conductor to the post of Junior Clerk, he is stagnating without any promo tion in absence of any promotional chan nel available to the petitioner. He has also pointed out that respondents 4,5,6 and 1 are all juniors to the petitioner but they have been allowed promotion to the post of Traffic Inspector-I overlooking the seniority and eligibility of the petitioner only because of the said practice which has affected his right of seniority as enshrined in Article 14 and equal opportunity of employment as enshrined in Article 16. Referring to the facts, he contends that the petitioner's seniority has been overlooked and his juniors in the seniority list were given promotion before he was granted promotion. He refers to the statements made in paragraph 3 of the writ petition in support of his above contention and the statement made in paragraph 19 of the counter-affidavit. While comparing the two statements, he has pointed out that even on admitted facts, the petitioner has been denied seniority and promotion and thereby he has been wronged by the respondents which should be corrected by invoking writ jurisdiction in the present case.
(2.) MR. Samir Sharma, learned coun sel for the U. P. S. R. T. C. , relying on the statement made in the counter-affidavit in paragraphs 14, 17, 19 and 27 contended that the promotional channel from the Bus Conductor is open to three categories on the posts mentioned in paragraph 14 and that there are promotional channel open to Junior Clerk/booking Clerk to the the post of Senior Clerk on the basis of seniority subject to rejection of unfit. Though the post of Traffic Inspector-II and that of Booking Clerk and Junior Clerk are interchangeable, it is always open to Junior Clerk/booking Clerk to switch over to the post of Traffic Inspector-II in case of vacancy on the basis of 60% quota reserved for them. Therefore, there is no discrimination as urged by the learned counsel for the petitioner. From the facts disclosed in paragraph 19 of the counter-affidavit, he contends that even on merits, the petitioner has not been deprived of his legitimate claim. So far as the question of stagnation in the post of Junior Clerk/booking Clerk as raised by Mr. Gaur is concerned, in view of the statement made in paragraph 27 of the counter-affidavit which has been dealt with in paragraph 13 of the rejoinder affidavit cannot be sustained. Inasmuch as in para graph 13 of the rejoinder affidavit, it has not been denied that there is no promotional channel of Junior Clerk/booking Clerk to the post of Senior Clerk. There being different channel of promotion from the post of Junior Clerk/booking Clerk to the post of Senior Clerk, the grievance of non-availability of promotion to Junior Clerk/booking Clerk in the post of Traffic Inspector-I cannot be sustained. Then again the promotional avenue to the post of Traffic Inspector-I is also open to Junior Clerk/booking Clerk by means of his switch over to the post of Traffic Inspector-II in 60% quota to be filled from the post of Junior Clerk/book ing Clerk from the date of promotion to the post equivalent which are all inter changeable. It was a question of option of the candidate to switch over to the other post. Nowhere it has been contended by the petitioner that he had ever opted for switching over and the same was denied despite vacancy and having been within the said 60 per cent quota. No such case has been made out in the four corners of the writ petition.
(3.) THERE might be different streams in the administrative set up with different kind of jobs requiring different kinds of expertise and experience. It is for the ad ministration to decide which post should have promotional avenue through which channel for the purpose of having an effi cient working. This Court cannot sub stitute its own views to such set up being unconcerned with the business of the respondents. Then again this Court is not an expert with regard to such matters to decide the same while exercising writ jurisdiction. Since Junior Clerk/booking Clerk had two avenues open, one to the post of Senior Clerk and the other to the post of Traffic Inspector-I by means of switching over to Traffic Inspector-II, it cannot be said that there was no scope or promotion al avenue open to the persons holding the post of Junior Clerk/booking Clerk. In the above circumstances, I have not been able to persuade myself to agree with the contention of Mr. Prabodh Gaur, learned counsel for the petitioner, though argued very seriously and efficiently.;