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2005 Supreme(All) 2204

SUDHIR AGARWAL
Uma Devi, Dilasaram, Mahesh Chandra – Appellant
Versus
State of U. P. – Respondent


Advocates:
K.M.MISHRA, R.O.V.S.CHAUHAN, U.C.MISHRA,

SUDHIR AGARWAL, J.

( 1 ) HEARD Sri R. O. V. S. Chauhan, learned counsel for the petitioner and learned standing counsel for the respondents.

( 2 ) THE petitioner has approached this court under Article 226 of the Constitution of India challenging the order dated 1. 0. 1990 Annexure-1 to the writ petition whereby certain respondents No. 3 to 6 who were working on Group D posts have been promoted in group C posts in the Collectorate, Etawah.

( 3 ) THE relevant facts disclosed in the petition are that the petitioner was appointed as group D employee on 31. 3. 1990 under U. P. Government Servant (Dying in harness) Rules 1974. In the year 1998 for making promotion against four vacancies in group C, the respondents held a written test by calling the petitioner, respondents 3 to 6 and others. They appeared in interview on 19. 9. 1998 and thereafter the respondents 3 to 6 promoted by means of the impugned order.

( 4 ) THE contention of the petitioner is that the Government Order dated 22. 3. 1984 which provides that promotion has to be made only on the basis of seniority has not been followed and the respondents illegally held written test and interview which was not permissible in view of


















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