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PETITIONER: U.P. PUBLIC SERVICE COMMISSION, ALLAHABAD

       Vs.

RESPONDENT: VINOD KUMAR SRIVASTAVA & ORS.

DATE OF JUDGMENT31/07/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. PARIPOORNAN, K.S.(J)

CITATION:  1995 SCALE  (4)849

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      We have heard the counsel for the parties. The admitted facts as  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 Commission 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  petition 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  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.