HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 7704 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. Heard Shri Ashok Khare, learned Senior Counsel assisted by Shri Siddharth Khare, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The petitioners before this Court are currently working in a clerical cadre of the Labor Department governed by the U.P. Subordinate Labor Service Rule, 1992 as amended in the year, 1996 under the Department and are seeking promotion on the post of Labor Enforcement Officer in the Labor Department under the State Government, which is now a gazetted post under the notification issued at the behest of the Governor dated 06.12.2013. 3. It is contended that the promotion of the petitioner is to be made under the U.P. Subordinate Labor Service Rules, 1992 as amended in the year, 1996. According to the petitioners, the post since stands covered under the relevant rules that provides for constitution of a Departmental Promotion/Selection Committee vide its rule 19 for constitution of Departmental Selection Committee in accordance with the U.P. Constitution of Departmental Promotion Committee (for post outside the purview of Public Service Commission) Rules, 1992 to select the candidates from the feeding cadre on the basis of seniority subject to the rejection of unfit, the respondents are unnecessary sitting tight over the matter of claim of respective petitioners. 4. It is contended that the eligibility list of the candidates is prepared in accordance with the the U.P. Promotion by Selection (on posts outside the purview of Public Service Commission) Eligibility Lists Rules, 1986. 5. It is further contended that despite the letter written by the Labor Versus Counsel for Petitioner(s) : Siddharth Khare, Sr. Advocate Counsel for Respondent(s) : Avijit Saxena, M.N. Singh, C.S.C. Shram Vibhag Karmchari Sangh And 4 Others .....Petitioner(s) State of U.P. and Another .....Respondent(s) Commissioner, Uttar Pradesh, Kanpur on 25.07.2024 specifying 180 vacancies falling under the promotion quota out of which only 69 occupants were there and rest of the 111 vacancies were still lying vacant to accommodate the candidates from the feeding cadre, no departmental Committee has been constituted under the relevant rules till date. 6. It is contended that the letter was written earlier at the behest of the State Government to the Labor Commissioner, Kanpur on 27.07.2025 that there was a proposal to amend the rules, however, it was also provided that so long as the rules did not get amend, the promotion would be made on the basis of existing rules. 7. Shri Khare has also placed before the Court the opinion expressed by the Public Service Commissioner on 22.10.2022 to the extent that so long as the Rules 1992 rules as amended in the year 1996 are not further amended to invite the involvement of the Public Service Commissioner for the the purposes of the promotion, the Public Service Commission had no role to play and it was for the department concerned to constitute a selection committee for the purposes of promotion. 8. After a detailed order was passed on 08.07.2025 as to what stand has been taken by the State Government, a personal affidavit has been filed by Mr. M.K.S. Sundaram, who presently holds the position of Principal Secretary, Department of Labor & Employment, U.P., Lucknow, and in which vide paragraph no.9, the existing rules have been quoted whereas in the paragraph nos. 15, 16 & 17, averments have been made to the effect that the process was underway to amend the existing rules and it may take further six months' time. 9. The legal position as it stands regarding the recruitment and promotion under the Government Department to be made as per the rules applicable, it would certainly mean that so long as the rules do not stand amended, the promotion of the employees to a higher post cannot be put to a halt awaiting the proposed amendments in rules taking effect. When the vacancies are available and the employees of the feeding cadre are available for being considered for the promotion, the department cannot be made them to suffer only in the hope that one day rules will be amended and then they may avail benefits under new rules. 10. In the circumstances, this Court finds it necessary to issue appropriate WRIA No. 7704 of 2025 2 direction to the Labor Commissioner, Kanpur to proceed to constitute a selection committee within the meaning of Rules, 1992 as amended in the year, 1996 for the purposes of promotion of the eligible candidates from the feeding cadre on the post of Labor Enforcement Officer in co-ordination with the State Government. 11. The Labor Commissioner shall proceed to take decision with regard to constitute a committee within a period four weeks from the date of production of certified copy of this order and the State Government shall consider the same without undue delay. 12. The selection of the eligible candidates shall be done as per the Rules, 1992 and the lists shall thereafter be forwarded for the appropriate approval at the stage of the State Government if necessary. The entire exercise shall be concluded within a maximum period of two months of constitution of the Selection Committee in co-ordination with the State Government as directed above. 13. Accordingly, this petition stands disposed of. September 24, 2025 Pravesh Mishra WRIA No. 7704 of 2025 3 (Ajit Kumar,J.) Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad