LAWS(SC)-1997-1-18

MAHMOOD HASAN Vs. STATE OF UTTAR PRADESH

Decided On January 07, 1997
MAHMOOD HASAN Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) LEAVE granted in S.L.P. (Civil) No. 8726 of 1992.

(2.) THESE writ petitions, with a Civil Appeal, a Contempt Petition and a review petition have arisen out of several orders passed by this Court as well as by the High Court of Allahabad, coupled with certain acts and omissions on the part of the State of Uttar Pradesh. The main dispute relates, to the seniority and promotion of employees in the clerical cadre of the Food and Civil Supplies Department of the State of Uttar Pradesh. The Uttar Pradesh Food and Civil Supply Department consists of 3 wings, viz., Marketing Wing, Supply Wing and Weights and Measures Wing. The head of all the three wings is the Commissioner, Food and Civil Supplies. The channels of promotion in the Marketing Wing and in the Supply Wing from the lower rank to the higher rank are as under: <IMG>JUDGEMENT_138_3_1997Image1.jpg</IMG> <IMG>JUDGEMENT_138_3_1997Image2.jpg</IMG>

(3.) THE present proceedings have been initiated on behalf of the clerical staff of the Supply Wing, seeking promotion to the posts of Supply Inspectors. THEy allege that the State of Uttar Pradesh failed to give effect to the seniority list of the clerks and many of them had to approach the High Court and this Court for promotion to the posts of Supply Inspectors as the promotions to the post of Supply Inspectors were made without following the seniority list. One such order of the High Court was challenged by way of special leave petition No. 3491/84 entitled Saroj Kumar Tyagi v. State of Uttar Pradesh on the ground that about 100 junior persons had been promoted as Supply Inspectors in violation of the petitioners' right to seniority. By an order dated 28-1-1985, this Court directed by way of an interim measure that promotions may be made of those clamouring for promotion after exhausting the list of Head Clerks dated 1/04/1976 and thereafter accommodating such of the petitioners as could be accommodated. THE final judgment in the matter was, however, made on 4-12-1987. A sympathetic view was taken for those who had been working as Supply Inspectors for quite some time, although, perhaps, they would not have been entitled to such promotion according to seniority excepting for two petitioners therein namely Saroj Kumar and Prabhu Dayal who were entitled to promotion on the basis of their seniority. THEy all were allowed to continue as Inspectors of Supply not on the basis of their seniority but on the sole consideration that they had been continuing in the promotional post for quite a long period and it would be inappropriate to revert them. However, this Court clarified that such continuation in the higher post would not confer any seniority.