MAHENDRA KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) BOTH these special appeals have been preferred against a common judgment and order dated 30.05.2012 passed by learned Single Judge (Hon'ble Mr. Justice Satish Chandra, J.) of this Court in 18 writ petitions. Since a common question of law was involved in all these writ petitions and the same is involved in these special appeals, hence, we proceed on to decide both these appeals together.

(2.) ADMITTED facts of the case are that the appellants were working on Class-IV post as employees of the respondents. The appellants became eligible for promotion to Class-III post (Junior Clerk-cum-Typist) under U.P. Subordinate Offices Ministerial Group "C" Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 (hereinafter referred to as the "Rule of 2001"). The appellants were promoted to the post of Junior Clerk- cum-Typist in the year 2003 but vide impugned order dated 13.03.2006 appellants were reverted to Class-IV post on the ground that they were not fulfilling the minimum eligibility criteria of clearing typing test i.e. 25 words per minute in typing, nor their interview was conducted, nor their character rolls were scrutinized by the promoting authorities.

(3.) LEARNED Single Judge of this Court disposed of the writ petitions with observation that the promotion in the year 2003 was not a valid selection and the respondents were directed to take a fresh typing test, evaluate the candidature of each of the candidate as per Rules for Promotion, within a period of 4 months; till final selection the petitioner shall continue on the post of Junior Clerk-cum-Typist, as per the interim order dated 3.7.2007. It was further directed that if needs be, the petitioners shall be at liberty to approach U.P. State Public Service Tribunal.