GANGARAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Dinesh Rai, learned counsel for the petitioners and Sri Harish Kumar Srivastava, learned standing counsel for the State ' respondents.

(2.) This writ petition has been filed praying for the following reliefs :

(3.) Briefly stated facts of the present case are that according to the petitioners they were initially appointed as Lekhpals and subsequently promoted to the post of Assistant Registrar Kanungo. Thereafter by Government Order No.900/,d-9-2012-jktLo-9, dtd. 18/4/2012, the post of Assistant Registrar Kanungo/Registrar Kanungo and Land Record Clerk were amalgamated in the equal pay scale of the post of Revenue Inspector. The Uttar Pradesh Subordinate Revenue Executive (Naib Tehsildar) Service Rules, 2003 (hereinafter referred to as "Naib Tehsildar Rules 2003") was enacted which came into effect from 16/8/2003. As per Rule 5 (1) of the Naib Tehsildar Rules, 2003, 50% post of Naib Tehsildar were to be filled by direct recruitment through commission. As per Rule 5(2)(a) 41% post of Naib Tehsildar were to be filed through promotion from amongst substantially appointed Revenue Inspectors who have completed two years of service. As per Rule 5(1) (kha) of the Naib Tehsildar Rules 2003, 9% post of Naib Tehsildars were to be filled through commission by promotion from amongst the Registrar Kanungo who have completed 5 years of service. The Naib Tehsildar Rules, 2003 was amended by the 2nd amendment Rule 2014 notified by notification No.328/1/0/2014-3-3(1)-67 PC dtd. 17/2/2014. By the aforesaid amendment Rule 5(2)(b) of the Naib Tehsildar Rules, 2003 was amended providing that 9% promotion through commission shall be made to the post of Naib Tehsildar from amongst such substantially appointed Rajasva Nirikshak (Revenue Inspector) whose original substantive post were Registrar Kanungo/Assistant Registrar Kanungo/Land Record Clerk and who have completed two years of service as Registrar Kanungo/Assistant Registrar Kanungo/Land Record Clerk/Rajasva Nirikshak on the first day of the year of the recruitment. The aforesaid 9% promotion quota is to continue till such time the availability of Registrar Kanungo/Assistant Registrar Kanungo/Land Record Clerk is fully exhausted and thereafter 50% quota for promotion to the post of Naib Tehsildar shall be filled by promotion through the commission from amongst substantially appointed Rajasva Nirikshak (Revenue Nirikshak) who have completed two years service as such on the first day of the year of recruitment. Simultaneously, the provisions of the Uttar Pradesh Subordinate Revenue Executive (Rajasva Nirikshak) Service Rules, 2014 were also enacted and notified by Notification No.327/1/9/2014-RA-9-4892-2011, dtd. 17/2/2014.