HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 41636 of 2017 Court No. - 33 HON'BLE SUDHANSHU CHAUHAN, J. 1. List has been revised. No one is present on behalf of respondent nos. 4 and 5. 2. Heard Sri Onkar Nath, learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 to 3. 3. The contention of the petitioner is that he was appointed on Class-IV post at Avinashi Sahai Arya Inter College, Etah- institution in the year 1982. The petitioner is the senior most amongst the Class-IV employees at the institution. On 30.6.2013 one Sri Arvind Kumar Kulsrestha retired from the post of clerk and thereafter Sri Rajeeva Kumar Saxena retired on 31.7.2013 from the post of head clerk. As such the petitioner became entitled for being considered for promotion on Class-III post on the basis of 50% promotional quota. However as the respondent no.4 did not pay any heed to the request of petitioner for being promoted on the post of clerk under the 50% promotional quota. Hence, the petitioner was constrained to approach this Hon'ble Court by filing Writ-A No.17356 of 2017 and the said writ petition was disposed of vide order dated 25.4.2017 with a direction to respondent no.3 to look into the matter and if there is any vacancy in the Class-III category to be filled through promotion and there is requirement of such Class-III employee, the claim of the petitioner be considered under the promotional quota in accordance with law and appropriate order be passed within a period of four months. 4. In pursuance to the directions issued by this Court as contained in the order dated 25.4.2017 the respondent no.3 has passed the impugned order dated 27.7.2017 morefully annexed as annexure no. 8 to the writ petition. Versus Counsel for Petitioner(s) : Onkar Nath Counsel for Respondent(s) : C.S.C., S.C., Yogendra Kumar Srivastava Panna Lal .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 5. The contention of the petitioner is essentially that the request for promotion of the petitioner on Class-III post through 50% promotional quota has been rejected by the respondent no.3 while relying upon the Government order dated 4.1.2017 wherein it has been held that only those Class-IV employees would be entitled to be considered for promotion on Class-III post under 50% promotional quota who fulfill the requisite qualification for appointment on Class-III post as prescribed and have completed five years of substantial service. 6. The contention of the petitioner is that the petitioner become entitled for consideration for promotion on Class-III post on 30.6.2013, when the vacancy arose. As far as the reliance placed on the Government order dated 4.1.2017 is concerned the same is prospective in nature, which said fact is evident from the perusal of the Government order dated 4.1.2017, annexed as annexure no.9 to the writ petition. 7. The perusal of the counter affidavit filed on behalf of respondent no. 1 to 3 also shows that the request of the petitioner for promotion had been rejected while relying upon the Government order dated 4.1.2017. 8. Under the circumstances, the case of the petitioner ought to have been considered by the respondent no.3 on the basis of the Rules/Government orders prevailing on the date when the vacancy arose on the Class-III post, which admittedly is 30.6.2013. 9. Under these circumstances the writ petition is allowed. The impugned order dated 27.7.2017 passed by the respondent no.3 being unsustainable in law is set aside. 10. The matter is remanded back to the respondent no.3 to re-consider the case of the petitioner for promotion on Class-III post under the 50% promotional quota on the date the petitioner became entitled for consideration for promotion and the vacancy arose on Class-III post i.e. on 30.6.2013 in accordance with law prevalent at that point of time. The respondent no.3 is directed to pass a reasoned and speaking order within a period of three months from the date of production of certified copy of this order. October 16, 2025 Gaurav WRIA No. 41636 of 2017 2 (Sudhanshu Chauhan,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad