ATUL SHARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners and Sri D.C. Pathak, learned Additional Chief Standing Counsel appearing for the State/respondents.

(2.) By means of the present petition, the petitioners have prayed for the following reliefs:-

(3.) The case set forth by the petitioners in the writ petition is that they are working in the Secretariat as Class-IV employees. They claim promotion under the 15%+5% promotion quota in terms of the rules known as U.P. Secretariat Computer Assistant Service Rules, 2013 (hereinafter referred to as the 2013 Rules), a copy of which has been filed as Annexure-6 to the writ petition. Rule 5(2)(One) & (Two) of the 2013 Rules provides for promotion to the post of Computer Assistant from substantively appointed Group-D employees who have completed 5 years of service, passed High School/Intermediate or equivalent examination and have minimum Hindi typing speed of 25 words per minute on the computer. It is further contended that Rule 15(1) of the 2013 Rules provides the procedure for promotion which would be as per the provisions of Uttar Pradesh Government Servant (Criterion for Recruitment by Promotion), Rules, 1994 (hereinafter referred to as the 1994 Rules), a copy of which has been filed as Annexure-7 to the writ petition. As per Rule 15(2) of the 2013 Rules, the appointing authority is expected to ask the employees, who fulfill the criteria stipulated in Rule 5(2)(One) & (Two), to participate in the Hindi typing examination on a computer. Thereafter a list of those candidates, who fulfill the criteria of having requisite typing speed would be prepared and would be placed before the Selection Committee along with the service record and if the Selection Committee requires, an interview can also be held. The selected candidates would thereafter be placed in terms of the seniority for their promotion.