BASANT SINGH BISHT Vs. HIGH COURT OF UTTARAKHAND

JUDGEMENT

(1.) Petitioners have invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking following reliefs, among others:

(2.) Brief facts, leading to filing of present writ petition, are that petitioners are Class IV employees of the judgeship of District Judge, Nainital. On 09.05.2017, an order was issued by the District Judge, Nainital to fill up the vacancies of Class III on the basis of promotion from Class IV employees working in the judgeship of District Judge, Nainital in the pay scale of Rs.5200-20200 Grade Pay 2000. The condition stipulated for promotion is that the candidate must have completed 5 years of service on 01.07.2017 and must be below 45 years of age and the candidate may possess High School, Intermediate and equivalent qualification. It is averred in the writ petition that the petitioners fulfills all the conditions stipulated in the said order dated 09.05.2017. Petitioners, having possessed the requisite qualification, applied within stipulated period and submitted their requisite documents. It is also averred that a Committee was constituted in the judgeship and a report was submitted before the Chairman of said Committee with regard to the vacancies available in the Judgeship. It is stated in the writ petition that as on 17.05.2017, after the commencement of the promotional exercise, total number of 45 posts were available in the pay scale of Rs.5200-20200 Grade Pay 2000. Out of said 45 posts, 15 persons are working, who were directly recruited candidates on Class III posts, and 29 posts were vacant as on 09.05.2017.

(3.) It is further averred in the writ petition that in view of Government Order dated 13.08.2013 and the service rules which governs the field, 25% quota was fixed for Class IV employees working in the judgeship for promotion to Class III posts. Out of 25% quota fixed for promotion, 15% quota of Class III posts have to be filled from eligible Class IV employees, who have completed 5 years of satisfactory service and have High School qualification and remaining 10% of Class III posts are to be filled from Class III employees, who have completed 5 years of satisfactory service and have Intermediate qualification. Rules were framed by the State Government known as Uttarakhand Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 2004 as amended on 13.08.2013 by "Uttarakhand Subordinate Offices Ministerial Staff (Direct Recruitment) (Amendment) Rules, 2013" and as per Rule 6 which provides the source of recruitment on Class III posts and as per the amendment in the Rules on 13.08.2013, which also provides that the 25% quota on Class III posts will be fixed for the Class IV employees working with the department and out of 25% quota, 15% quota will be earmarked for the candidates who are High School examination pass and 10% quota will be earmarked for those who are Intermediate examination pass. But, the Proviso to the Rule 6 of the aforesaid Rules also provides that if in any situation on the earmarked post of 15% of High School candidates will not be filled up then the said posts which will be earmarked for High School candidates will be carry forward to the Intermediate candidates available for promotion.