BAIJ NATH Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners, who are the members of Uttar Pradesh Development Authorities Centralized Service Cadre and are presently working as Joint Secretaries in different Development Authorities in the State of Uttar Pradesh, have preferred this writ petition for being aggrieved of the order dated 14.08.2013 whereby, the Secretary to the Government in its Housing and Urban Planning Department has rejected their representation for consideration of their case for promotion to the post of Secretary/Additional Secretary in the Development Authorities.

(2.) A short point as regards the availability of promotional post and mode of its filling up is involved in the present matter. The factual aspects are otherwise not much in dispute. In brief, the relevant aspects could be noticed in the following:

(3.) In the Rules of 1985, as originally promulgated, the relevant posts were specified in Rule 3 and the method of recruitment in Rule 8 read with Schedule I thereof. The relevant parts of these provisions could be noticed as under:-