Public Service Commission, Allahabad Vs. Vinod
Kumar Srivastava & Ors  INSC 348 (31 July 1995)
K. Ramaswamy, K. Paripoornan, K.S.(J)
1995 SCALE (4)849
O R D
have heard the counsel for the parties. The admitted facts as transpired from
the record are that the Assistant Labour Commissioners are eligible to be
promoted according to Rule 5 of the U.P. Labour Service Rules, 1991 to their
quota of 50%. The balance 50% shall be filled in by direct recruitment.
Twenty-three posts are available for promotion.
Selection Committee consisting of members of the Public Service Commission and
the Departmental personnel considered the inter se claims from feeder posts on September 13, 1993 and forwarded to the Government the
select list for approval subject to the result in W.P. No. 5744/86. One Mr. Awasthi
who filed that writ petition has since been retired as Dy.
Officer pursuant to the direction issued by the Court, the claims of others for
promotion require to be considered and finalised. We direct the Government to finalise
the list as recommended by the Public Service Commission and then make
promotion to the substantive posts according to Rules of all the persons
recommended by the Public Service Commission within the quota prescribed under
the Rules. The appeal is disposed of. No costs.