INDRA RAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition is directed against the orders dated 17.8.2019 and 20.8.2019, passed by the Commissioner, Basti Division, Basti and Upper Mukhya Adhikari, respectively, contained in Annexures 7 and 8 to the writ petition. Petitioner has also challenged a Circular, dated 9.7.2015, contained in Annexure 9 to the writ petition.

(2.) Grievance raised in the present writ petition relates to the promotion to the post of Sectional Head Clerk in the Zila Panchayat, Sant Kabir Nagar. According to petitioner, he is senior to respondent no. 6, who has been promoted to the post of Sectional Head Clerk, overlooking his claim. The authorities concerned by their orders impugned have held that there are only two posts of Sectional Head Clerk, one of which has to be filled from the clerical cadre, and other from the stenographer cadre. This allocation of 50% post, each in the two sub-categories, appears to be a consequence of the Government Order, dated 9th July, 2015. Paragraphs 2 and 3 whereof, read as under:-

(3.) Petitioner is Clerk Grade - I, who apparently is senior to respondent no. 6, who has been promoted to the post of Sectional Head Clerk. The ground of challenge primarily is that in the rules, the feeding cadre is a composite cadre, consisting of posts, in the clerical cadre and the stenographer and that no demarcation has been made therein.