STATE OF UTTAR PRADESH Vs. SACHIDANAND SRIVASTAVA

JUDGEMENT

(1.) The three respondents before us had filed a writ petition before the High Court contending that they should also be considered for the post of Assistant Presenting Officers before the U.P. Public Service Tribunal; and certain posts of Assistant Presenting Officers before the U.P. Public Services Tribunal should be reserved for them.

(2.) Under executive instructions containing G.O. dated 28-1-1982, the State Government, inter alia, provided that the Upper Division Assistants in the State Secretariat are eligible for promotion to the post of Assistant Presenting Officer in the U.P. Public Services Tribunal provided they possess the qualification of LL.B. Degree of a recognised University and have sufficient experience and knowledge of Service Rules. G.O. of 28-1-1982 did not make Munsrims and Assistant Registrars working as Ministerial staff in the U.P. Public Service Tribunal eligible for appointment to the post of Assistant Presenting Officers. The respondents thereupon filed the said writ petition.

(3.) The first respondent, at the material time, was Assistant Registrar of the U.P. Public Service Tribunal. The second and third respondents were Munsrims in the said Tribunal. All of them possess an LL.B. degree. It was in this context that the High Court considered their claim to at least some posts out of the 5 posts of Assistant Presenting Officers which were available then. The High Court in the impugned judgment has given certain directions, finding that the three petitioners (present respondents 1, 2 and 3) before it possessed the qualification of a Law Degree and had been working in the U.P. Public Services Tribunal. The High Court said that the State Government should consider the case of the petitioners before it for giving at least one post of Assistant Presenting Officer to those who are working in the Public Services Tribunal, may be by amending the G.O. dated 28-1-1982. The Government was directed to consider the case of the claimants for such appointment.