The petitioner's Writ Petition No.4148 (SS) of 2000 was finally disposed of by the Writ Court vide judgement and order dated 22.5.2019 with direction to the respondent no.2 i.e. Director-cum-Chief Engineer, Rural Engineering Services, U.P., Lucknow to consider the case of the petitioner for promotion in terms of the U.P. Subordinate Officers Ministerial Group-C Post of Lowest Grade (Appointment by Promotion) Rules, 2001 ( for short 'Rules, 2001) in the promotional quota post belonging to Class-III available in the Division in case vacancy of such post exists. It was further directed that the competent authority should take decision within a period of three weeks from the date a copy of the order was produced before him.
In pursuance to the notice issued in this contempt petition, a compliance affidavit of Mr. Brijesh Dubey, Executive Engineer, Rural Engineering Department Division, Lucknow has been filed. Paragraph six of the aforesaid affidavit reads as under :-
"6. That it is most respectfully submitted before this Hon'ble Court that in pursuance of judgement and order dated 22.5.2019 passed by the Hon'ble Court, the case of the petitioners regarding promotion on Class-III post has been considered by the aforesaid selection committee under the provisions of U.P. Subordinate Officers Ministerial Group-C Post of Lowest Grade (Appointment by Promotion) Rules, 2001 and thereafter the Superintending Engineer, rural Engineer Department, Division, Lucknow has passed order dated 25.06.2019 and whereupon,m a reasoned and speaking Office Order No.1255/Gra.Aa.Vi./Stha-2/Chaturtha Shreni-Pado./2019-20 dated 25.06.2019 has been issued, whereby the petitioners along with other candidates were not found eligible for promotion on Class-III post because all the candidates who have participated in teh typing examination were declared failed. true copy of Office Order No.1255/Gra.Aa.Vi./Stha-2/Chaturtha Shreni-Pado./2019-20 dated 25.06.2019 is being annexed herewith as Annexure No.A-1 to this affidavit."
Ms. Vishwa Mohini, learned counsel for the petitioner, however, submits that this compliance is not in accordance with Rules, 2001 as in Rules, 2001, there is no requirement for having knowledge of typing for promotion from Group-D to Group-C post and, therefore, the order of compliance is not the compliance as directed by this Court. She further submits that under the Rules,2001, for the posts of Typist and Stenographer knowledge of typing is required.
I am not impressed by the aforesaid argument.
From the order dated 25.6.2019 annexed with the compliance affidavit, it is evident that the examination for promotion was conducted on 25.6.2019 at 10 AM. The petitioner has not been able to clear the typing test. Whether the typing test is required or not, this Court cannot go into this question while exercising the contempt jurisdiction inasmuch as according to the respondents, they have considered the case of the petitioner for promotion in accordance with Rules, 2001.
In view of the aforesaid decision dated 25.6.2019 taken in the case of the petitioner, nothing survives in the present contempt petition, which is hereby dismissed as having become infructuous.
However, if the petitioner is aggrieved by his non-promotion on the ground that he has not been able to clear the typing test and there is no requirement of clearing the typing test under the Rules, 2001, it would be open to him to challenge the aforesaid decision dated 25.6.2019 before the competent Court/forum, if he is so advised and law permits.
Contempt notice stands discharged.
Order Date :- 29.8.2019 Rao/-