QAMER-UR-REHAMAN Vs. GOVERNOR SECTT & ORS

JUDGEMENT

(1.) Heard Sri Sharad Kumar Srivastava, learned counsel for the petitioner and Sri Abhinav N. Trivedi, learned counsel representing the Governor's Secretariat, Uttar Pradesh, Lucknow.

(2.) The petitioner, who is working on a Class-IV post in the Governor's Secretariat, has filed this writ petition impeaching the order dated 24.08.2016 whereby respondent No.4 has been promoted to Class-III post of Assistant Review Officer in the pay-scale of Rs. 9300-34,800 with Grade Pay of Rs. 4600/-.

(3.) Primary submission advanced by the learned counsel for the petitioner for assailing the impugned order is that the rules relating to recruitment on the post in question do not contemplate evaluation of efficiency of the candidates relating to typing skill on computer, rather it requires evaluation of efficiency only in typing and since the respondents, without amending the said rules, insisted the candidates to appear in eligibility test of typing using computer, the entire process undertaken by the respondents for making promotion from Class-IV post to the post in question is vitiated being in violation of statutory rules known as U.P. Subordinate Offices Ministerial Group "C" Post of the Lowest Grade (Recruitment by Promotion) Rules, 2001 (hereinafter referred to as "2001 Rules"), which have been framed under Article 309 of the Constitution of India.