UMA PATI TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing counsel and perused the record. This petition is directed against an order dated 24.10.2008 by which the claim of the petitioner for promotion to class 'C' post has been rejected.

(2.) Brief facts are that the petitioner was appointed as a class IV employee in the office of Block Development Officer, Saidpur district Ghazipur in April 1991 and his services were regularised on 11.10.1996. In pursuance of Government orders dated 31.8.1982 and 8.9.1995, a total of 20% class 'C' post are reserved for promotion of class 'D' employees. In pursuance of an order dated 26.6.2004 issued by the Block Development Officer, Ghazipur inviting applications from Group 'D' employees for being promoted in the 20% quota to the Group 'C' post the petitioner, being duly qualified, alongwith others had applied. However, no action was taken though others were promoted to the post of junior clerk. Thus, the petitioner preferred Writ Petition No. 43289 of 2008 and a learned Single Judge of this Court disposed it off with a direction to the respondents to consider his claim, vide order dated 22.8.2008.

(3.) In pursuance thereof, the present impugned order has been passed. It has been held therein that in the 20% quota for promotion from class 'D' post only four posts were available in the class 'C' category wherein two persons Nazir Ahmad and Sirajul Islam belonging to the general category had been promoted and the remaining two posts fell in the reserved quota and since the petitioner belongs to general category, he is not entitled to be promoted.