Sudhir Agarwal, J. - (1.) Heard Sri Hridaya Narain Singh, learned counsel for the petitioners and learned Standing Counsel for respondents.
(2.) Admittedly, petitioners 1 to 4 were appointed as Class IV employee by orders dated 06.12.1987 and 08.12.1987 passed by Deputy Director, Animal Husbandry, Meerut. By orders dated 28.10.1999, 15.07.1999, 01.11.1999 and 07.04.2000, Deputy Director, Animal Husbandry, Saharanpur, after holding interview, appointed petitioners on Class III post. This order of promotion has been cancelled by impugned order dated 26.6.2000 on the ground that under the Rules, promotion from Class IV to Class III has to be made after holding written test and interview but no written test was conducted in the present case, therefore, promotion was patently illegal.
(3.) In the writ petition, petitioners have stated in para 7 that they were called for interview and after facing selection, they were selected and promoted by orders dated 28.10.1999, 15.07.1999, 01.11.1999 and 07.04.2000 passed by Deputy Director, Animal Husbandry, Saharanpur. There is no averment by the petitioners that any written test was conducted and petitioners have participated therein. The finding recorded in the impugned order that no written test was conducted, has also not been challenged contending that it is incorrect.;