Court No. - 2
Case :- WRIT - A No. - 12776 of 2021 Petitioner :- Ashutosh Kumar Singh And 13 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- C.S.C.,M.N. Singh
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioners, Sri B.N. Mishra, learned counsel for respondent no.4 and learned Standing counsel for the State-respondent.
The petitioners who were appointed Commercial Tax Officer are claiming promotion on the post of Assistant Commissioner, Commercial Tax.
The criteria for promotion inter alia is that the candidates must have 7 years experience of working on the post of Commercial Tax Officer. The said criteria is relaxable under the Government Servants Relaxation in Qualifying Services for Promotion (First Amendment) Rules, 2013 not only upto 50% but even more depending upon the availability of the eligible candidates.
The argument proceeds that the respondents in considering the matter of promotion of the petitioners only granted 50% relaxation and not higher to it as provided under the aforesaid Rules. This higher relaxation is permissible in order of seniority.
The above aspect of the matter can be looked into by respondent no. 1 on the basis of factual aspect involved.
In view of the above, I permit the petitioners to make a fresh representation ventilating their grievances regarding promotion from the the post of Commercial Tax Officer to Assistant Commissioner, Commercial Tax and for relaxation of the qualifying services in accordance with the aforesaid Rules and in case any such representation is made within a period of three weeks from today, the respondent no. 1 shall consider it and pass appropriate speaking order in accordance with law deciding the same expeditiously, if possible, within a period of three months.
Order Date :- 24.9.2021 Tamang