VINOD KUMAR MISHRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) All impleadment applications are dismissed.

(2.) In the writ petition filed under Article 32 of the Constitution of India the petitioners are challenging the validity of Rule 5 (1 (a) (ii) of the U. P. Food and Civil Supplies (Marketing Branch) Subordinate Service Rules, 1980 (hereinafter referred to as "the Subordinate Service Rules") relating to promotion to the post of Marketing Inspector and the corrected seniority list dated 26/9/1984 of the employees working on clerical grade in the Food and Civil Supplies Department of the government of U. P.

(3.) The recruitment and conditions of service of persons appointed to ministerial posts in the Marketing Branch of the Department of Food and Civil Supplies falling in U. P. Food and Civil Supplies (Marketing Branch) Ministerial Service (hereinafter referred to as "the Ministerial Service") are regulated by the U. P. Food and Civil Supplies (Marketing Branch) ministerial Service Rules, 1979 (hereinafter referred to as "the Ministerial Service Rules"). As per Rule 4 of the Ministerial Service Rules the Ministerial Service consists of a number of posts, viz. , IV Grade Clerk, a Junior Accounts Clerk, Record Clerk, Senior Accounts Clerk, III Grade Clerk, Accountant, II Grade Clerk, Statistical Assistant, Head Clerk and Stenographer. As per Rule 22 of the Ministerial Service Rules the post of IV Grade Clerk was in pay scale of Rs. 200-320, the posts of Junior Accounts Clerk, Record Clerk, Senior Accounts Clerk and III Grade Clerk were in the pay scale of Rs. 230-385, the posts of Accountant, II Grade Clerk and Statistical Assistant were in the pay scale of Rs. 250-425. Head Clerk was in the pay scale of Rs. 280-460. The post of Stenographer was in the pay scale of Rs. 250-425 but Stenographer (Selection Grade) was in the pay scale of Rs. 300-500. Under Rule 5 of the Ministerial Service Rules appointment by direct recruitment could be made only on the posts of IV Grade Clerk and Junior Accounts Clerk and Stenographer (Ordinary Grade) and the rest of the posts were to be filled by promotion only. Appointment on the posts of Record Clerk, Senior Accounts Clerk and III Grade Clerk was by promotion from amongst permanent IV Grade Clerks and Junior Accounts Clerks of the region concerned. Similarly, appointment on the posts of Accountant, II Grade Clerk and Assistant was by promotion from amongst permanent Record Clerks, Senior Accounts Clerks and III Grade Clerks of the region concerned. Appointment to the post of Head Clerk was by promotion from amongst Accountants, II Grade Clerks and Assistants of the region concerned. Under Rule 21 of the Ministerial Service Rules seniority list was to be maintained separately for each region for each category of posts and in respect of the posts of Stenographers a combined seniority list for the entire State was required to be maintained. The various posts in the Ministerial Service mentioned above were subsequently redesignated and now they are designated as Junior Clerks/typists, Accountants, Clerks, Senior Clerks, Assistant Accountants and Senior Assistants apart from Stenographer.