Court No. - 16
Case :- WRIT - A No. - 9090 of 2018 Petitioner :- Ram Bahadur And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Krishna Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioners were appointed as Field Worker in the office of Nagar Maleriya Officer, Moradabad on different dates in 1994 and 1997. They are seeking promotion to the post of Superior Field Worker. It is contended that in terms of the applicable service rules, the eligibility for appointment to the promoted post is High School in Science stream. A Government Order, however, has been issued on 3.1.2015, which exempts the requirement of possessing High School in Science stream, where such appointments have been made prior to 2012. Petitioners contend that in terms of the Government Order, their claim for promotion is also liable to be considered. Representations have also been made in that regard, upon which no decision has been taken.
Learned Standing Counsel submits that grievance of petitioners shall be examined, in accordance with law.
Considering the above, this writ petition stands disposed of permitting the petitioners to approach respondent no.2, in respect of their grievance annexing all relevant materials in support of his claim, alongwith certified copy of this order, within two weeks from today. In case such a claim is raised, the same shall be examined by the authority concerned, in accordance with law, by means of a reasoned speaking order, within a further period of three months, thereafter.
It is made clear that this Court has not adjudicated the petitioners' entitlement on merits, and all issues are left open to be considered by the authority concerned, at the first instance.
Order Date :- 30.3.2018 n.u.