Deo Pratap Singh and Others vs State of U.P.

Ritu Raj Awasthi, J.—Heard learned Counsel for the Petitioners as well as learned Standing Counsel.

The writ petition has been filed challenging the order dated 20.8.2009, by which the Petitioners were required to appear in the typing test with respect to the selection held for promotion on Class-III post i.e. junior clerk from class-IV post.

Learned Counsel for the Petitioners submits that the Petitioners shall not be compelled to give typing test for the promotion on the post of junior clerk.

The requirement of typing test for promotion from Class-IV to Class-III has been considered by this Court in W.P. No. 4150 (SS) of 2006 (Umesh Chandra Srivastava v. State of U.P. and Ors.), wherein by judgment and order dated 26.3.2010 it has been held that the opposite parties shall not take the typing test for promotion of such Class-III post in which the typing is not required. Only on the post of typist and Stenographer the typing test shall be necessary.

By the said judgment and order, the opposite parties were directed to consider the claim of the Petitioner for promotion on a Group-C post in the light of the observations made therein strictly in accordance with Uttar Pradesh Subordinate Officers Ministerial Group-C Posts of the Lower Grade (Recruitment by Promotion) Rules, 2001.

Against the said judgment the State Government had preferred Special Appeal No. 477 of 2010, which has been dismissed by judgment and order dated 20.7.2010 with the direction that the Appellants (State) shall consider the Respondent for promotion on the basis of marks obtained by him without asking him to pass the typing test. The entire exercise shall be completed not later than three months from the date of judgment dated 20.7.2010.

Learned Standing Counsel accepts that the controversy involved in this writ petition is squarely covered by the aforesaid judgment.

In view of above, there is no necessity to adjudicate the matter again on merits.

In view of the judgment and orders dated 26.3.2010 passed in W.P. No. 4150 (SS) of 2006 and the order dated 20.7.2010 passed in Special Appeal No. 477 of 2010, the writ petition is allowed with the direction that the opposite parties shall consider the claim of the Petitioner for promotion on a Group-C post i.e. junior clerk on the basis of marks obtained by him without asking him to pass the typing test.

The entire exercise shall be completed not later than three months from the date a certified copy of this order is produced before the competent authority.