Court No. - 34
Case :- WRIT - A No. - 8636 of 2021 Petitioner :- Balram Yadav And 15 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Bashisth Narain Pandey Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for parties.
The petitioners working as Safai Karmis, a post falling under the Class-IV cadre, had petitioned the respondents for consideration for their case for promotion to the Class-III cadre. That prayer has been refused by the order impugned.
The respondents do not dispute that under the 2001 Rules, 20% of the posts in the Class-III cadre are to be filled by way of promotion from amongst working Class-IV employees. The respondents also disclose that although a seniority list of working Class-IV employees was also duly prepared and furnished to the State Government, no directions have been received in that respect till date. The respondents have further proceeded to reject the claim of the petitioner for being appointed on the post of Gram Panchayat Adhikari which undisputedly is a post liable to be filled by way of direct recruitment and upon the conduct of a selection process by the U.P. Subordinate Services Selection Commission. In view thereof, learned counsel for the petitioner has not pressed Relief -2 as framed in the writ petition.
Insofar as the prayer for promotion from Class-IV to Class-III post is concerned, the Court notes that the respondents disclose that there are only 114 sanctioned posts all of which are presently filled and that no vacancies exist. In that view of the matter, while the Court finds no ground to interfere with the impugned order, it may only be observed that as and when vacancies in the Class-III cadre come to existence, the respondents, as statutorily obligated, shall also consider the claim of the petitioners and other eligible employees in accordance with the provisions made in the 2001 Rules.
The petition stands disposed of accordingly.
Order Date :- 29.7.2021 Arun K. Singh (Yashwant Varma, J.)