MATA PRASAD VERMASHAKEEL AHMAD Vs. U P

JUDGEMENT

(1.) The petitioner Mata Prasad Verma was appointed as a Conductor in U.P. State Roadways Transport Corporation (hereinafter referred as the Corporation) in the year 1987. The services of the petitioner was regularised in the year 1989. Under the Service Rules of 1981, the petitioner was entitled to be promoted as Office Assistant Grade-II. As per instructions dated 31.5.1990, the qualification for promotion to the post of Office Assistant Grade-II was that the candidate must have a knowledge of Hindi typing at the minimum rate of 25 words per minute and that he should be in servive for the last five years. It was alleged that the process of promotion was initiated in March, 1997 and prospective candidates were directed to appear for Hindi typing test on 10.3.1997. Based on this typing test a select list was declared on 8.10.1997 in which 17 persons were selected for promotion to the post of Office Assistant Grade-II. The select list also included a "waiting list" of four persons under the heading "Waiting List". Regulation 22(5) provides that the Waiting List would remain valid for a period of one year or till the next selection which ever is earlier.

(2.) It transpires that after the issuance of the select list, a vacancy occurred on the post of Office Assistant. Shakeel Ahmad, being at Sl. No. 1 of the waiting list, was promoted by an order dated 1.12.1993, on the post of Office Assistant Grade-II. The order of promotion indicated that the promotion was purely on a temporary basis and that he could be reverted back to his original post without giving any previous notice.

(3.) It transpires that certain complaints were made against the promotions made pursuant to the select list. An enquiry was conducted, in which it was found that Shakeel Ahmad did not have any knowledge of Hindi typing and that he gave the typing test in English.