Allahabad High Court High Court

U.P.Commercial … vs The State Of U.P.Through Its … on 13 January, 2010

Allahabad High Court
U.P.Commercial … vs The State Of U.P.Through Its … on 13 January, 2010
                                                                             1

                                                                Court No. 24

                  Writ Petition No. 133 (SS) of 2010

Uttar Pradesh Commercial Tax (EDP Computer
Cadre Service Association             ...    Petitioner

                                  Versus
State of U.P. and others                      ...         Opposite parties

Hon'ble Rajiv Sharma, J.

Heard learned Counsel for the petitioner and the learned
Standing Counsel.

Petitioner, which is a registered association and has been
recognized by the State Government has filed the instant writ
petition claiming promotion of members of the association on the
post of Commercial Tax Officer against 2% quota allotted by the
State Government vide order dated 9th July, 2009.

The grievance of the petitioner is that the proposal
recommending quota for different cadre of Group-C employees
working in the department for promotion on higher post has been
accepted by the State Government vide letter dated 9th July, 2009
but the same is not being given effect to by the opposite parties
causing serious prejudice to the petitioners whose members would
be adversely affected, if they are not considered for promotion on
the post of Commercial Tax Officer. In this regard various
representations were made by the President and the Secretary of the
Association. On 29.12.2009, the President of the association gave a
representation to the opposite parties to make promotion under 50%
promotional quota fixed by the state Government vide letter dated
9th July, 2009 in which 2% quota has been allocated to the Computer
Cadre. The Association also raised objection against the proposed
meeting of Departmental Promotion Committee scheduled to be held
in third week of January, 2010 for making selection under existing
33% quota of promotion on the post of Trade Tax Officer and
requested for making promotion under 50% promotional quota fixed
by the State Government vide letter dated 9th July, 2009 in which 2%
quota has been allocated to Computer Cadre.

2

Admittedly, the representations made by the petitioner-
association have yet not been disposed of by the concerned
authorities. Standing Counsel has also no information as to whether
the representations preferred by the petitioner have been disposed
of or not.

Considering the facts in its entirety, the opposite parties nos. 1
and 2 are directed to decide the representations of the petitioner-
association with regard to promotion expeditiously i.e. within two
weeks’ from the date of receipt of certified copy of the order by
passing a reasoned and speaking order.

With the aforesaid observations and directions, this writ
petition is disposed of finally.

13.1.2010
HM/-