Court No. - 18 Case :- WRIT - A No. - 63833 of 2009 Petitioner :- Avalesh Kumar Yadav & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Ashish Ojha Respondent Counsel :- C.S.C.,Ashok Kumar Yadav,Pankaj Rai Hon'ble Arun Tandon,J.
Heard Sri R.K. Ojha, learned counsel for the petitioners and Sri Pankaj
Rai, learned Standing Counsel for the State-respondents.
Sri R.K. Ojha, learned counsel for the petitioner points out that the
grievance of the most of the petitioners has been satisfied. Two of the
issues, which remain for consideration are as to whether Shiv Kumar
Singh is eligible for being promoted as Clerk and further as to whether
after down gradation of 17 posts any further appointment by way of
promotion is required to be made from Class-IV employees and if so
claim of persons eligible for such promotion may be directed to be
considered.
Sri Pankaj Rai, learned Standing Counsel points out that in the
meantime statutory rules have been enforced wherein quota for
promotion has been increased from 15% to 20% and that sanctioned
cadre strength under the statutory rules is 103 posts only. He submits
that the matter shall be considered by the learned Advocate General
and all such persons who are within the 20% of the cadre strength
approved under the statutory rules shall be considered for promotion.
In the facts of the present case I am of the considered opinion that
since the basic issues between the parties stands resolved, no
purpose would be served by keeping the writ petition pending. With
regard to eligibility of Shiv Kumar Singh and with regard to issue as to
whether any further promotions are required to be made from Class IV
posts because of down gradation on 17th posts of clerical cadre, the
matter be examined by the learned Advocate General at the first
instance.
The present writ petition is disposed of with a request upon the learned
Advocate General to examine the grievance of the petitioner as well as
matter pertaining to the promotion under the statutory rules enforced
on 11th November, 2009, within four months from the date a certified
copy of this order is filed before him.
The present writ petition is disposed of with the aforesaid observations.
(Arun Tandon, J.)
Order Date :- 3.7.2010
Sushil/-