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DEVENDRA KUMAR UPADHYAYA, RAJNISH KUMAR
Satish Kumar Balmiki – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Deptt. Of Medical And Health – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard, Shri Vijay Kumar Srivastava, learned counsel for the appellants-petitioners and Shri Rajesh Tiwari, learned State Counsel representing the State-respondents.
2. The appellants-petitioners have filed this intra-court Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules assailing the validity of the judgment and order dated 20.04.2022, passed by learned Single Judge in a bunch of writ petitions, the leading Writ Petition being Writ-A No.24026 of 2018;Sushil Kumar and others Versus State of U.P. and others, whereby the writ petitions have been dismissed by learned Single Judge providing therein that the dismissal of the petitions shall not preclude the petitioners from participating in any subsequent recruitment for Group 'C' post against the promotion quota provided they fulfill the essential requirement as mandated under Rule 7 of the Promotion Rules, 2014.
3. The appellants-petitioners are working on various class-IV posts in the department of Medical and Health in the office of the opposite party no.3. The appellants-petitioners, in pursuance of the decision of the Government to fill up class-III posts of Junior Assistants b
Promotion from Class-IV to Junior Assistant follows seniority-cum-merit among those qualifying typing test at 30+ wpm; higher speeds do not justify superseding seniors absent rule prescription.
The court emphasized the importance of adhering to recruitment rules and cautioned against flouting them, stating that deliberate deviation from the rules could lead to wrongful benefits and departme....
The court upheld the validity of amended promotion rules, ruling they apply prospectively and that participation in the selection process waives the right to challenge it.
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