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KARUNESH SINGH PAWAR
Suryendra Singh – Appellant
Versus
State Of U. P. – Respondent
ORDER :
(Karunesh Singh Pawar, J.)
1. Heard Shri Sidharth Khare, learned counsel for the petitioner as well as Shri Vikram Bahadur Singh, learned Standing Counsel for the State.
2. By this petition, the petitioner has prayed for the following relief:-
a writ, order or direction of a suitable nature commanding the respondent to forthwith grant of promotion to the petitioner as Junior Engineer (Mechanical) in Public Works Department of the State under 5% quota for promotion available to Group C employees of the department w.e.f. the date the first Group C employees junior than the petitioner was so granted promotion within a period to be specified by this Hon'ble court.
(ii) a writ, order or direction of a suitable nature commanding the respondent to permit the petitioner to function as Junior Engineer (Mechanical) under them and to pay the petitioner his regular monthly salary on the said post, regularly, every month including all arrears of salary w.e.f. the date from which the first Group 'C' employees junior than the petitioner have been so promoted.
(iii) a writ, order or direction in the
Prior qualifications obtained before service cannot disqualify candidates from promotion, ensuring equal opportunity in service.
Promotion eligibility must be based on fairness and non-arbitrariness, ensuring all eligible candidates are considered regardless of category.
The main legal point established in the judgment is that the requisition for promotion to the post of Assistant Engineer (Civil) was sent in compliance with the statutory rules, and the Rules, 1968 p....
Amended promotion rules' 45% quota for Junior Engineers with 7 years service contains no Diploma/Degree requirement; unqualified seniors eligible; DPC rejection on qualification grounds invalid.
Matriculate Supervisors with 15 years regular service eligible for 4% promotion quota to Junior Engineer under 2012 Rules' unqualified category, without Civil Diploma or unprovided training; denial o....
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