Court No. - 58
Case :- WRIT - A No. - 1089 of 2019 Petitioner :- Arvind Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gyanendra Singh Kanaujiya Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed with the allegation that being the senior most Class-IV employee belonging to Scheduled Caste category, the petitioner is entitled to consideration for promotion to the post of Assistant Clerk.
Adarsh Janta Vidyalaya Inter College, Mainpuri, is a recognized Intermediate institution, which is also receiving aid under the Uttar Pradesh High School and Intermediate College (Payment of Salaries of Teachers and other Employees) Act, 1971. According to petitioner there exists one post of Head Clerk, while four posts exist of Assistant Clerk in the institution. The post of Head Clerk is to be filled by promotion from the post of Assistant Clerk. So far as posts of Assistant Clerk is concerned, 50% posts are to be filled by promotion and 50% posts are to be filled by way of direct recruitment. It appears that petitioner is placed at Serial No.3 of the list of Class-IV employees and other persons senior to him otherwise exist in the institution. According to the petitioner a vacancy has arisen on Class-III post and as one of the post is reserved for Scheduled Caste category, therefore, petitioner's claim is liable to be considered.
The petition is opposed by learned Standing Counsel. It is submitted that the post of Head Clerk is a promotional post, while in the cadre of Assistant Clerk only four posts are in existence. Submission is that in such circumstances, no reservation can be applied in the matter of grant of promotion.
It appears that petitioner's appointment has been made in the year 2009. The Principal of the institution has intimated to petitioner that as there exists only four posts of Assistant Clerk in the institution, the quota reserved for Scheduled Caste category would not be applicable, inasmuch as it is only in a cadre where posts are more than five or above that reservation can be applied.
Learned counsel for the petitioner submits that the cadre be treated as that of five persons because of the fact that post of Head Clerk is also a post from same cadre.
The contention advanced on behalf of petitioner is not liable to be accepted, inasmuch as there exists only one post of Head Clerk, which is required to be filled by way of promotion. Such promotional post cannot be clubbed together with other four posts of Assistant Clerk. The post of Assistant Clerk constitutes the feeding cadre for promotion to be effected to the post of Head Clerk. In that view of the matter, the Principal appears to be right when he states that reservation quota in promotion to the post of Assistant Clerk from a Class-IV post is not available in the institution. Petitioner's claim for consideration for promotion on account of reservation, therefore, cannot be accepted.
Writ petition fails and is consigned to records.
It, however, goes without saying that as and when the promotional exercise is undertaken, the claim of petitioner would also be considered as per his seniority and in accordance with law.
Order Date :- 22.1.2019 Anil