Siddharth, J. - (1.) Heard Ms. Akanksha Sharma, learned Counsel for the petitioner and Sri Nisheeth Yadav learned Counsel for the respondents.
(2.) The petitioner has filed the above noted writ petition, praying for a direction to the respondents to issue appointment letter to the petitioner on the post of Executive Officer, Grade-III, instead of Executive Officer, (Nagar Panchayat) by considering 1 post to be reserved for ex-serviceman in the category of Executive Officer, Grade-III, under the examination of U.P. Combined Lower Subordinate Examination, 2013. A further direction prohibiting the respondents from issuing appointment letters on 3 vacant posts in the category of Executive Officer, Grade-III has also been sought.
(3.) The brief facts of the case are that the petitioner, who is an ex-servicemen, retired on 31.08.2013 and applied for the post of Executive Officer, Grade-III, in pursuance of an advertisement dated August, 2013, issued by the respondent no.3, U.P. Public Service Commission, Allahabad, for holding of Combined Lower Subordinate Service (General Selection) Examination, 2013. The petitioner qualified the preliminary examination and also the main examination held on 21.12.2014 and appeared for interview on 14.12.2015. At the time of interview, it was disclosed that there are 5 posts of Executive Officer, Grade-III and 9 posts of Executive Officer, Grade-IV and 65 posts of Executive Officer (Nagar Panchayat) and the petitioner made first preference for the post of Executive Officer, Grade-III and submitted it before the Interview Board. Since 5% horizontal reservation was provided for each category posts, the preference given by the petitioner was not considered because there were only 5 posts of Executive Officer, Grade-III and 5% reservation therein would have been below one. The petitioner was selected for the post of Executive Officer (Nagar Panchayat). However, the respondent no.2 passed an order dated 14.09.2016 issuing order of posting to Executive Officer, Grade-IV also as Executive Officer, Grade-III by referring to Government Order dated 04.07.2013, whereby the posts of Executive Officer, Grade-IV were merged with the post of Executive Officer, Grade-III. The Government Order dated 04.07.2013, issued by the State Government disclosed that the post of Executive Officer, Grade-IV was abolished and there was only post of Executive Officer, Grade-III in the Local Bodies of the State of U.P. and the respondent no.2, Director, Local Bodies, U.P., Lucknow was accordingly informed by the State Government. By virtue of merger of the posts of Executive Officer, Grade-IV and Executive Officer, Grade-III, the number of posts advertised for Executive Officer, Grade-III, were actually fourteen in number and if 5% of the seats for ex-servicemen would have been reserved then it would have exceeded 0.5 and 1 seat for Executive Officer, Grade- III would have been filled from the category of ex-servicemen. The petitioner being ex-servicemen was deprived of opportunity of such an appointment. The Government Order dated 04.07.2013 was issued much before the advertisement in August, 2013 and therefore, the respondent no.3 should have been informed by respondent no.2 not to hold selection for post of Executive Officer, Grade-IV and include such posts in the category of Executive Officer, Grade-III. The action of the respondents is illegal and since the petitioner has not been granted appointment till date and hence this writ petition.;