Neutral Citation No. - 2025:AHC:78241 Court No. - 38 Case :- WRIT - A No. - 40461 of 2017 Petitioner :- Anuj Tyagi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bheem Singh Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. This writ petition has been filed questioning the order dated 07.07.2017 passed by the respondent no.3, wherein, the respondent no.3 has rejected/disapproved the promotion of the petitioner to the post of class-III employee, and the rejection is only on the ground that there are no vacant post of class-III employee in the institution. As the petitioner had passed his high school examination in the year 1991 and intermediate examination in the year 2003 and he is also having certificate of C.C.C. He is fully eligible and qualified to consider for the post of class-III. 3. After notice the respondent no.4 has filed his counter and according to paragraph-6 of the counter affidavit that after superannuation of one Shri Vishnu Bhagwan Junior Clerk, once substantial vacancy arose and after that the management has also sent the proposals to the District Inspector of Schools for promotion of the petitioner to the said vacancy. 4. Despite granting time, the State Counsel is unable to get the instructions with regard to the said factual aspect hence, in view of the assertions made by the respondent no.4 in his counter dated 06.02.2018, the impugned order dated 07.07.2017 is set aside remanding the matter to the third respondent to reconstruct the record and pass appropriate orders within a period of two months from the date of receipt of a copy of this order. 5. Accordingly the writ petition is disposed of. Order Date :- 13.5.2025 Neeraj (Donadi Ramesh, J.) Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad