Dinesh Chand and 29 Others v. State of U.P. and 7 Others

Court No. - 58

Case :- WRIT - A No. - 11736 of 2018

Petitioner :- Dinesh Chand And 29 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Arvind Srivastava Counsel for Respondent :- C.S.C.

Hon'ble Ashwani Kumar Mishra,J.

Following orders were passed in the matter on 5th July, 2018:-

" Petitioners are working as Chainman and are claiming promotion to the post of Chakbandi Lekhpal pursuant to the Government Order dated 22.6.2016. It is contended that in certain divisions of the State, promotions have already been made while petitioners' claim for promotion has not been considered.

Perusal of the records would go top show that appointment to the post of Chakbandi Lekhpal is regulated by the rules known as 'Uttar Pradesh Lekhpal Seva Niyamavali, 2006'. The cadre of Lekhpal has been specified and by virtue of Rule-5 of the rules, entire posts are to be filled by direct recruitment.

Learned counsel for the petitioner states that the Government Order, providing for 2% reservation to Chainman is referable to Rule-26 of the Rules. It is also contended that the proposal has been made by the Board of Revenue for adequately amending the service Rules.

In the hierarchy of laws, statutory rules stand on a higher footing than the government instructions. It is settled that promotion contrary to rules, cannot be made. However, learned Standing Counsel is permitted to obtain instructions as to whether there is any proposal to amend the rules, by making provision for promotion to the post of Lekhpal from the post of Chainman, by the next date fixed.