U.P. PUBLIC SERVICE COMMISSION, ALLAHABADversusVINOD KUMAR SRIVASTAVA AND ORS.

A             U.P. PUBLIC SERVICE COMMISSION, ALLAHABAD
                                                                                   ..
                                   v.
                   VINOD KUMAR SRIVASTAVA AND ORS.

                                   JULY 31, 1995

B               [K. RAMASWAMY AND K.S. PARIPOORNAN, JJ.]

             U.P. Labour SelVice Rules, 1991: Rule 5

             Assistant Labour Commissioners-Promotion-Directions regarding.
c          The Public Service Commission selected candidates for the post of
     Assistant Labour Commissioners and forwarded the select list to the
     Government for approval subject to the result of a writ petition filed by a
     candidate who has since retired.

           Disposing the appeal with regard to the claim of the other officers,
D
     this Court

            HELD : The claims of others for promotion require to be considered
     and finalised. The Government is directed to finalise the list as recom-
     mended by the Public Service Commission and then make promotion to
E    the substantive posts according to Rules of all the persons recommended
     by the Public Service Commission within the quota prescribed under Rule
     5 of the U.P. Labour Service Rules, 1991. [425-C-D]

             CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7400 of
     1995.
F
          From the Judgment and Order dated 19.5.94 of the Allahabad High J
     Court in C.M.W.P. No. Nil of 1994.

             Gaurab Banerjee and Devendra Singh for the Appellants.

·G           Goodwill Indeevar for the Respondent

             Ms. Rachna Gupta and AK. Srivastava for the Respondent No. 3-4.

             The following Order of the Court was delivered :

H            Leave granted.
                                         424
..            U.P. PUBLIC SERVICE COMMN. v. V.K. SRIVASTAVA             425

            We have heard the counsel for the parties. The admitted facts as A
     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 Commis- B
     sion 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 petiton 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 C
     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.
                                                                              D
     T.N.A.                                             Appeal disposed of.