The petitioners in the present writ petition are presently working with the respondents department as class IV employees. The cadre of class IV employees acts, as a feeding cadre for consideration of promotion to be made on class III post and as per the Rules of 2001. The Rules as it had been modified by the State of Uttar Pradesh. on 22.12.2021 it had provided the source of promotion from class IV to class III employees, 15% posts was to be filled in from those candidates, who were having High School qualification and working as class IV employee and had completed five years of service and the 5% of the promotional quota, was reserved for Group D employees, who had worked for five years and had an educational qualification of intermediate. A classification by way of a distinction has been sought to be drawn by the counsel for the petitioner, that the embargo of having a higher qualification which would be falling within the ambit of Sub Rule (2) of Rule 5 of the Rules of 2001, cannot create any embargo as such, for considering the claim of promotion for petitioners, as against the 15% promotional quota made available under Sub Rule (1) of Rule 5 of 2001.
