- (1.) Learned Additional Chief Standing Counsel for appellants is present. None has appeared on behalf of respondents though called in revised. Hence we proceed to decide appeal after hearing counsel for appellants only.
(2.) This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as "Rules, 1952") has arisen from judgement dated 2.12.2004 in writ petition no. 22388 of 2001 (Gyan Prakash Pathak Vs. State of U.P. and others) passed by learned Single Judge directing appellants to promote petitioner-respondent on Class III post and pay him regular salary.
(3.) It is contended that promotion in Class III from Class IV is provided to the extent of 15% and 20% depending upon qualification of Class IV employees but procedure for promotion is on merit which is determined by holding a Written test, Typing test and Interview and without holding aforesaid test, even if a person, working in Class IV, possesses requisite qualification for promotion of Class III, automatically he cannot claim promotion in Class III.;