The present writ petition has been filed alleging that the petitioner was appointed as Kurshi Bunkar (Chair Weaver) by means of an order dated 30.12.1998. The services of the petitioner stood regularized on 20.12.2006. He argues that the as the petitioner is working in Class IV post, is entitled to reservation to the Class III post after having served five years. He places his claim on the Government Order dated 3.9.1995 (Annexure No. 13). The petitioner had earlier approached this Court seeking consideration for promotion by filing a Writ Petition No. 12341 of 2020, which was disposed off vide order dated 20.1.02021 directing the respondents to consider the claim of the petitioner. By means of the impugned order dated 18.5.2021, the claim of the petitioner has been rejected solely on the ground that for appointment to the post of Announcer, only direct recruitment is possible and the same cannot be filled by promotion. The said order is under challenge.
Counsel for the petitioner argues that the claim of the petitioner was never for being appointed as Announcer, in fact, the claim was raised for having been rendered five years of continuous service and consideration for promotion to the post of Grade C in pursuance of the provisions of Government Order dated 3.9.1995, which has not been considered in the impugned order.
A perusal of the impugned order shows that the rejection of the claim of the petitioner for being appointed to the post of Announcer is contrary to the claim of the petitioner seeking promotion to any Grade C post. Once this Court has come to the conclusion that the case of the petitioner for promotion in the light of the order Government Order dated 3.9.1995 is made out, the impugned order dated 18.5.2021 passed by the Respondent No. 2 cannot be sustained and the same is quashed and the matter is remanded to Respondent No. 2 to consider the case of the petitioner for Grade-C post in the light of the Government Order dated 3.9.1995 or any other Government Order prescribing avenue of promotion for Class IV employees to Grade C posts.
It is clarified that the claim of the petitioner is not for appointment on the post of Announcer.
The said exercise shall be carried out within a period of three months form the date of filing of a copy of this order before the Respondent No. 2.
The writ petition stand allowed in terms of the said order.
Order Date :- 27.8.2021 vinay