RAKESH KUMAR Vs. H. P. URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) By way of this petition, petitioner has prayed for the following reliefs:-

(2.) The case of the petitioner is that he was initially engaged as a Beldar in the year 1993, by the respondentauthority and his services were regularized as such in the year 2007. In the respondents-authority, there are posts of Clerk, which inter alia are filled by promotion from amongst eligible Class-IV employees, who have served the respondentauthority for a minimum period of five years and also possessed the minimum qualification of 10+2 as prescribed in the Rules. Contention of the petitioner is that despite the factum of him being a Class-IV employee and despite the factum of him being eligible in terms of the Recruitment and Promotion Rules for being considered for promotion against the post of Clerk as he has put in five years' service as a Class-IV employee and also possesses the minimum qualification of 10+2, promotion has not been given to him against the post of Clerk, though other Class-IV employees, who are otherwise junior to him, stand promoted against the said post.

(3.) The stand of the respondent is that though there is no dispute that Class-IV employees, who fulfill the minimum eligibility criteria of 10+2 and have put in five years' service as such, are eligible for promotion against the post of Clerk, however, the promotion is restricted only to the categories of Peons and Chowkidar and Beldars are not entitled for promotion against the post of Clerk.