MANOJ KUMAR GUPTA,J. - (1.) Heard counsel for the petitioner and learned standing counsel for the State-respondents.
(2.) The petitioner has been working on a class IV post in Zila Gramya Vikas Abhikaran, Lalitpur, which is a society registered under the Societies Registration Act, 1860. There are no statutory rules framed in regard to the conditions of service of the employees of the society. They are governed by a circular issued by the Government on 17.3.1994. Paragraph 2 (10) thereof provides that where the circular does not make provision for any particular matter, the provision contained in the Rules and Regulations governing the service conditions of the employees of the State, would be applicable. The parties are ad idem that the promotion of the employees of the Society from class IV post to class III post would be governed by Rule 22 of Group-D Employees Service Rules, 1985 and Government Order dated 18.3.2011. Under the Rules, the criteria of promotion in respect of all the posts is seniority subject to rejection of unfit. The promotion is to be made from amongst the eligible candidates of the department by the selection committee consisting of three members. The Government Order dated 18.3.2011 contemplates 15% quota for promotion of class IV employees to Class III.
(3.) A Selection Committee was constituted on 17.12.2014 for selecting the candidates for promotion to class III post. It considered the candidature of petitioner, who is the senior most, along with that of Makkhan Lal and Banshi Lal, who were at serial No. 2 and 3 respectively in order of seniority. The Selection Committee held a typing test, in which petitioner scored a typing speed of 10.8 words per minute while that of Makkhan Lal was 5.1 words per minute and Banshi Lal was 17.1 words per minute. Banshi Lal filed Writ-A No. 62507 of 2015 seeking a mandamus that he having scored the highest typing speed should be promoted. In the writ petition filed by Banshi Lal, a counter affidavit was filed in which the respondents themselves placed reliance on Rule 22 and stated that a Selection Committee has been constituted by them for examining the claim of the incumbent for promotion on the post of clerk. The Court noticing the aforesaid stand taken by the respondents in the counter affidavit disposed of the writ petition by order dated 2.12.2015 with direction to the Selection Committee to submit its report within one month. It was left open to Banshi Lal to challenge the report of the Selection Committee, if it is adverse to him.;