ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri S.K. Mishra, learned Counsel for the Petitioners and learned Standing Counsel for Respondent Nos. 1 and 3. On behalf of Respondent No. 2 a counter-affidavit has been filed by Sri Ajit Dubey, Advocate but he is not present when the case was taken in revised list.

(2.) This writ petition is directed against the order dated 31.5.2008 (Annexure-9 to the writ petition) passed by Respondent No. 3 cancelling the promotion of Petitioners on the ground that the promotion from Class-IV to Class-III ought to have been made on the basis of inter se seniority of Class-IV employees prepared on local body basis and not on district basis.

(3.) Admittedly, the Basic Education Board maintains number of primary schools in rural and urban areas alike in accordance with provisions of the U.P. Basic Education Act, 1972. No statutory rules framed governing the manner in which recruitment and conditions of service of Class-IV and Class-III employees shall be made and the matter is being governed by various executive orders, vide order dated 27.12.2003 the Respondent No. 2 adopted the provisions of Government Orders dated 31.8.1982 and 9.1.1997 providing for 15% promotion to Class-IV employees in Class-III at district level and directed that the local employees shall be considered by holding written test, interview, typing test and service record. Pursuant thereto in respect to all Class-IV employees working in various primary schools maintained by the Board in District Agra a seniority list was prepared, selection was made by holding written test, interview and typing test and thereafter vide order dated 31.3.2008 the Petitioners were promoted as Junior Clerk and placed on probation for one year.