OMKAR SINGH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. S.K. Kalia, learned Senior Counsel assisted by Mr. Ankit Pende, learned counsel for the petitioners as well as learned Standing Counsel.

(2.) THE petitioners have prayed for issuance of writ of mandamus for commanding the opposite parties to consider their claims for promotion to the post of Head Radio Operator from the date of promotion of their juniors along with all consequential benefits.

(3.) THE facts as set out in brief are that the petitioners were initially appointed on the post of Assistant Radio Operator in the U.P. Police Radio Department in the year 1996. There were 3363 sanctioned posts of Head Radio Operator. The posts of Head Radio Operator have to be fulfilled from the permanent Assistant Radio Operators. The criteria for the promotion is the seniority subject to rejection of unfit as is provided under the Rule 5(3) read with Rules 16 of the U.P. Police Radio Subordinate Services Rules, 1982 (in short ''the Rules, 1982'). It is stated that as on 26.02.2004 the sanctioned strength of Head Radio Operator was reduced to 2942 against which 2959 persons had been working as Head Radio Operators, thus, 17 excess persons to the sanctioned posts had been working. It is stated that 235 candidates, who belongs to the Scheduled Caste or Scheduled Tribes category working as Assistant Radio Operator, were promoted to the post of Head Radio Operator by applying reservation in promotion arbitrarily.