U.P. Public Service Commission, Allahabad Vs. Vinod Kumar Srivastava & Ors [1995] INSC 348 (31 July 1995)

Ramaswamy, K. Ramaswamy, K. Paripoornan, K.S.(J)

CITATION: 1995 SCALE (4)849

ACT:

HEAD NOTE:

O R D E R

Leave granted.

We 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.

The 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.

Labour 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.

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