MANVENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ram Niwas Singh, Advocate assisted by Sri A.P. Singh, learned counsel for petitioners, learned Standing Counsel for respondents and perused the material available on record.

(2.) This writ petition under Article 226 of Constitution of India has been filed by four petitioners, namely Manvendra Singh, Jitendra Prasad Mishra, Dhruv Chandra and Ajay Pratap Singh challenging Rule-5 of U.P. Weights and Measures Subordinate Service Rules, 1993 (hereinafter referred to as "Rules, 1993") in so far as it provides 25 per cent recruitment by promotion and 75 per cent by direct recruitment.

(3.) All petitioners were initially appointed as Junior Assistant, Weights and Measures. At the time of recruitment, they were governed by U.P. Weights and Measures Subordinates Service Rules, 1980 (hereinafter referred to as "Rules, 1980"). Petitioners- 1 to 3 subsequently were promoted as Senior Assistants while petitioner-4 continued to work as Junior Assistant at the time of filing of present writ petition.