Narendra Kumar Mishra vs Chandra Prakash Trivedi And 4 Ors.
2013 Latest Caselaw 6043 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 52322 of 2013
 

 
Petitioner :- Narendra Kumar Mishra
 
Respondent :- Chandra Prakash Trivedi And 4 Ors.
 
Counsel for Petitioner :- Surendra Nath Tripathi,Laxmikant Pathak
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Aditya Nath Mittal,J.

By means of the present writ petition, the petitioner is challenging the order dated 5.9.2013 passed by the U.P. Public Services Tribunal, Lucknow in claim petition No. 1622 of 2011, filed by one Sri Chandra Prakash Trivedi in which the petitioner was also made as the party, by which the claim of Sri Chandra Prakash Trivedi for promotion from Class IV post to Class III post has been accepted and the claim of the petitioner has been rejected on the ground that the petitioner has obtained lesser marks in typing test inasmuch as in second typing test, the petitioner did not appear.

Learned counsel for the petitioner submitted that the Tribunal in claim petition No. 1750 of 2010, filed by the petitioner, has set aside the order dated 25.8.2010 and directed that the promotion from Class IV to Class III be made under the U.P. Regularization of Daily Wagers (Appointment on Group "D" Post), Rules, 2001 (hereinafter referred to as ("Rules, 2001") on the basis of merit of the written examination, ignoring the typing test. He, however, admitted that this Court in Writ Petition No. 42589 of 2013, filed by the State of U.P. and 3 Ors. vide order dated 6.8.2013 has stayed the operation of the order of the Tribunal dated 5.2.2013, but in case if the writ petition fails, the petitioner will be entitled to be considered for promotion on the basis of the written test and the entire promotion, having regard to the marks in typing test will stand cancelled.

The matter requires consideration.

Let learned Standing Counsel file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks.

List along with the record of Writ Petition No. 42589 of 2013.

The claim of the petitioner for promotion shall be subject to the result of the writ petition.

Order Date :- 24.9.2013

OP