DINESH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners in the present writ petition are presently working with the respondents department as class IV employees. The cadre of class IV employees acts, as a feeding cadre for consideration of promotion to be made on class III post and as per the Rules of 2001. The Rules as it had been modified by the State of Uttar Pradesh. on 22/12/2021 it had provided the source of promotion from class IV to class III employees, 15% posts was to be filled in from those candidates, who were having High School qualification and working as class IV employee and had completed five years of service and the 5% of the promotional quota, was reserved for Group D employees, who had worked for five years and had an educational qualification of intermediate. A classification by way of a distinction has been sought to be drawn by the counsel for the petitioner, that the embargo of having a higher qualification which would be falling within the ambit of Sub Rule (2) of Rule 5 of the Rules of 2001, cannot create any embargo as such, for considering the claim of promotion for petitioners, as against the 15% promotional quota made available under Sub Rule (1) of Rule 5 of 2001.

(2.) This argument has been sought to be refuted by the learned Additional C.S.C. for the State of U.P., contending thereof, that since there was a clear two independent classification of promotional quotas, based on the respective educational qualification and since the ensuing process of promotion was confined to be made from amongst those class IV employees, who were having High School certificate and were to be only considered against 15% quota of promotion to the promotional class III posts. The petitioners, who are admittedly are working with the respondents as class IV employee, who had already completed five years of their services as class IV employee, are admittedly the holders of an Intermediate certificate.

(3.) The grievance of the petitioners is that despite of the aforesaid admitted fact, the only distinction, which has been drawn to make them ineligible, to be considered for the percentage of promotional quota which has been provided under Sub Clause (1) of Clause 5 of the Rules of 2001, because of the qualification possessed by them, for which an independent percentage of promotion quota has been fixed by Sub Clause (2) of Rule 5 of the Rules of 2001.