Sudhir Singh Chauhan and 12 Others Vs State of U.P. and 3 Others

Court No. - 39

Case :- SPECIAL APPEAL No. - 429 of 2018

Appellant :- Sudhir Singh Chauhan And 12 Others Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- V.K. Agnihotri,Sri Radha Kant Ojha Counsel for Respondent :- C.S.C.

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Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.

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The claim of the petitioners, who were working as Class-IV employees, for promotion to the post of Seenchpal, which is a Class III post, has been denied by the judgment under appeal holding that there is no provision for promotion under the Rules and the post of Seenchpal has to be filled in by direct recruitment.

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Learned counsel for the appellants has submitted that even though there is no provision in the Rules for promotion but as the Department has been making promotions from time to time, this Court should issue a direction that the cases of Class-IV employees should be considered for promotion.

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We express our inability in issuing such a direction for promotion as they have to be made strictly in accordance with the Rules. They provide that a post of Seenchpal has to be filled up by direct recruitment. The cases of Class-IV employees for promotion to the post of Seenchpal cannot, therefore, be considered. The learned Judge was, therefore, justified in dismissing the writ petition.

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The Special Appeal is, accordingly, dismissed.

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Order Date :- 14.5.2018 GS

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(Dilip Gupta, J.)

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(Neeraj Tiwari, J.)

Sudhir Singh Chauhan and 12 Others v. State of U.P. and 3 Others

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Sudhir Singh Chauhan and 12 Others v. State of U.P. and 3 Others

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