IRSHAD ALI,J. - (1.) Heard learned counsel for the petitioner and the learned Standing Counsel for the State respondents.
(2.) Brief fact of the case is that the petitioner was granted appointment on the Class-IV post of Marketing Assistant in the department of Food and Civil Supplies, U.P. on 27.05.2003. Taking into consideration his work and conduct the petitioner was granted promotion on the post of Junior Clerk vide order dated 06.07.2010. The promotion order contains two distinct and separate conditions; first in case the work and conduct of the employee is not found satisfactory reduction on original post and second being not found passed in the typing test within a period of six months then the promoted employee would not be entitled for annual increment.
(3.) The petitioner after grant of promotion on the post of Junior Clerk was transferred from Regional Headquarter Faizabad to Amethi Centre in district Chhatrapati Shahuji Maharaj Nagar vide order dated 14.07.2010. In the year 2011 annual increment was due to be made available to the petitioner. He appeared in the Hindi typing test and he did not attain the required typing speed of 25 words per minute. Thereafter he was again permitted to appear in the Hindi typing test after the expiry of three months and he again failed in the said test.;