Neutral Citation No. - 2025:AHC:64000 Court No. - 6 Case :- WRIT - A No. - 18218 of 2022 Petitioner :- Dushyant Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Man Bahadur Singh Counsel for Respondent :- C.S.C.,Hari Narayan Singh,Yogendra Singh Bohra Hon'ble Saurabh Shyam Shamshery,J. 1. This Court has passed following order on 30.11.2022 :- "Shri M. N. Singh, learned counsel for the petitioners and Shri Y. S. Bohra, learned counsel for respondent Nos. 3 & 4. The grievance of the petitioners are that they have been working on Class IV post in Junior Basic School run by Basic Education since 2004 & 2006, respectively. They submit that they are entitled for being promoted to higher posts and despite having rendered service for such a long duration, their cases for promotion have not been considered by the respondent. Shri Y. S. Bohra, learned counsel appearing for respondent Nos. 3 & 4 may seek instructions in the matter and also apprise the Court regarding the rules that govern the service conditions of the petitioners and as to whether there is a policy for promoting them. List this case as fresh on 12.12.2022. " 2. The petitioners are working as a Class IV employee and they are aggrieved that according to them despite post available towards promotional quota they are not considered for promotion for the post of Class III. 3. Learned counsel for petitioners refers paragraph Nos.5, 12 and 13 of counter affidavit sworn by Basic Education Officer :- "5. That, with regard to the contents of para 9 of the writ petition, it is stated that in the office of Block Education Officer, Nagar Kshetra Aligarh there is one post of head clerk, 4 posts of senior assistant and 4 posts of junior assistant. In the office of Block Education Officer, Atrauli, District Aligarh there are one post of senior assistant and one post of junior assistant and in the office of Block Education Officer, Aligarh there are one post of head clerk, 4 posts of senior assistant and 4 posts of junior assistant. In this view of the matter, in the department of Basic Education, District Aligarh, there are two posts of head clerk, 09 posts of senior assistants and 09 posts of junior assistants. 12. That, the contents of para 21 of the writ petition are not admitted. It is stated that there is 15% quota for promotion from class-4 to class-3 post. The reference of 20% is for the employees of the State Government and further it is stated that the petitioners have passed Intermediate examination and their quota for promotion is only 5% according to the case of the petitioners in terms of 2001 Rules and in view of the aforesaid, there is no quota available for the petitioners in 5% promotional posts. 13. Tat, the contents of para 22 of the writ petition are not admitted as stated. It is stated that under 15% quota, there is only one post available for promotion. Under 5% quota there is no post for promotion. The petitioners are not entitled for promotion." 4. Sri Rajeshwar Tripathi, learned C.S.C. for State on basis of written instruction dated 20.05.2024 submits that no post is available for promotion and on all 7 posts of Junior Assistant, employees are working. 5. From the above submission, it is clear that contents of affidavit and instructions are contrary to other, therefore, this writ petition is disposed of with the direction that Additional Chief Secretary, Basic Education Govt. of U.P., Lucknow will look into the matter and on basis of correct report, if vacancies are available to be filled by promotional quota of Class III, further proceeding be carried out for promotion. 6. The exercise shall be undertaken within short period and in case, there is any legal impediment, the same shall be communicated to petitioners within a short period. 7. In case, State respondent has filed an incorrect affidavit before this Court, an action may be taken against State respondent. Order Date :- 25.4.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad