Allahabad High Court
State Of U.P.Through Its Prin. Secy. ... vs Umesh Chandra Srivastava on 20 July, 2010
Bench: Ferdino I. Rebello, Devi Prasad Singh
1
Chief Justice's Court
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD,
LUCKNOW BENCH, LUCKNOW
Special Appeal (Defective) No. 477 of 2010
*****
State of U.P. & Ors.
Vs.
Umesh Chandra Srivastava
Hon'ble Ferdino I. Rebello, C.J.
Hon'ble Devi Prasad Singh, J.
(Judgment : By Ferdino I. Rebello, C.J.) This special appeal has been preferred by the State and its instrumentalities against the order of the learned Single Judge dated 26.03.2010, by which the learned Judge has allowed the petition filed by respondent, original petitioner, and has directed the appellants herein to consider his claim for promotion to Group 'C' post in accordance with the provisions of the Uttar Pradesh Subordinate Offices Ministerial Group 'C' Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 (hereinafter referred to as the 'Recruitment Rules').
The respondent herein is a Class-IV employee. Rule 5 (1) of the Recruitment Rules reads as under:-
"5. Source of recruitment. - Recruitment to twenty percent of the vacancies of the ministerial group 'C' posts of the lowest grade in a subordinate office shall be made by promotion through the Selection Committee from the following sources:-2
(1) Fifteen percent from amongst such substantively appointed group 'D' employees who have passed the High School Examination of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognised by the Government as equivalent thereto and who have completed five years service as such on the first day of the year of recruitment."
It is, thus, clear that Group 'D' employees (Class-IV) are entitled for promotion to 20 percent of the vacancies in the ministerial group 'C', if they have passed the High School Examination of the Board of High School and Intermediate Education of Uttar Pradesh or an examination recognised by the Government as equivalent thereto and have completed five years service as such on the first day of the year of recruitment. There is no dispute that the respondent employee has necessary qualification to be considered for recruitment by promotion to a ministerial group 'C' post in the service of the State.
In this appeal, on behalf of the appellant State, what is sought to be contended is that the respondent ought to have also passed the typing test and he having not passed the said test, is not eligible to be considered for promotion to a ministerial group 'C' post. Learned counsel has relied on Note 2 to sub-Rule (2) of Rule 8 of the Recruitment Rules, which reads as under:-
"Note 2 - Where recruitment by promotion is being made for the post of Typist or a post for which Hindi Typewriting is essential, there shall be conducted a qualifying test of Hindi Typewriting also, as prescribed by 3 the Government from time to time. To qualify this test a candidate must have a minimum speed of twenty-five words per minute in Hindi Typewriting."
The Note only provides for a situation where in the event, the recruitment is made for the post of Typist or a post for which Hindi Typewriting is essential, a qualifying test has to be conducted for Hindi Typewriting as prescribed.
The matter was heard at length yesterday and adjourned for today to enable the State to show any recruitment rules, by which the respondent herein is required to pass the typing test. Learned counsel has today produced a rule, namely, the Public Works Department Ministerial Establishment Rules, 1965, and our attention is invited to Part-II of the said Rules which relates to Cadre. Recruitment to the post of Lower Grade Clerk has been shown as by direct recruitment based on the result of competitive examination. Apart from that, there is nothing, insofar as passing a typing test. At any rate, we are not concerned with that aspect, as in the instant case, Rule 5 (1) of the Recruitment Rules in the matter of promotion has specifically carved out a quota of 20 percent for Group 'D' employees while making recruitment to ministerial group 'C' posts. The said quota has further been divided into two categories of 15 percent and 5 percent as set out in sub-rule (2) of Rule 5 of the Recruitment Rules. That is the source of recruitment. Under Rule 8 (2) of the Recruitment Rules, which provides for procedure for recruitment by promotion, there is no requirement of qualifying typing test.
4
It is, therefore, clear that insofar as the recruitment by promotion from Group 'D' post to Group 'C' post is concerned, once a candidate has the essential qualification and meets the other requirements as set out in Rule 8 of the Recruitment Rules, such candidate shall be eligible for selection to Group 'C' post without appearing or passing the typing test.
In the light of that, the appellants are directed to consider the claim of the respondent for promotion on the basis of the marks obtained by him without asking him to pass the typing test. The entire exercise will be completed not later than three months from today.
With the above directions and observations, the appeal is dismissed. 20.07.2010 AHA (Ferdino I. Rebello, C.J.) (Devi Prasad Singh, J.) 5 Hon'ble F.I. Rebello, C.J.
Hon'ble Devi Prasad Singh, J.
Dismissed.
For orders, see order of date passed on separate sheets.
20.07.2010 AHA (F.I. Rebello, C.J.) (Devi Prasad Singh, J.) 6 C.M. Application No. 69055 of 2010 Hon'ble F.I. Rebello, C.J.
Hon'ble Devi Prasad Singh, J.
This is an application for condoning the delay in filing the special appeal.
Cause shown for condonation of delay in filing the appeal is sufficient. Accordingly, the delay in filing the appeal is condoned.
Application stands allowed.
20.07.2010 AHA (F.I. Rebello, C.J.) (Devi Prasad Singh, J.)