Court No. - 33
Case :- WRIT - A No. - 13778 of 2020 Petitioner :- Pradeep Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order passed by Project Director, District Rural Development Agency, Mirzapur, dated 20.6.2020, whereby petitioner's claim for promotion to Class III post has been rejected. The order records that petitioner and one Durga Dayal are eligible for promotion but Durga Dayal is senior to petitioner as he is older in age. It has also been recorded that there is one post of Class III employee, as such the petitioner being junior cannot be considered for promotion while his senior is available.
The order is challenged on the ground that there are 07 posts available and the authority has erred in recording that there is only one promotional post.
Even if 07 posts are available in Class III, even then only one post will be available as the promotion quota is 20%, which will work out to 1.4 post. The findings returned in the order that Durga Dayal is senior to petitioner is otherwise not disputed. In such circumstances, the only post available has to be offered to the senior employee and no exception can be taken to rejection of petitioner's claim vide order impugned.
Writ petition lacks merit and is accordingly dismissed.
Order Date :- 6.1.2021 Anil