GHANSHYAM SINGH JAINER S/O BHAGWANT SINGH, R/O I.R.I. COLONY, ROORKEE, DISTRICT HARIDWAR Vs. SUPERINTENDING ENGINEER, ADHARAANVESHAN MANDAL, IRRIGATION RESEARCH INSTITUTE, ROORKEE, HARIDWAR,

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BY means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the impugned orders dated 20 -1 -2001 (Annexure -9) and 23 -01 -2001(Annexure -10). By the order dated 20 -1 -2001 the promotional pay scale, which was granted by the Selection Committee to the petitioner was set aside and the consequential order dated 23 -1 -2001, whereby the order was passed to recover the excess amount of salary paid to the petitioner pursuant to the order dated 14 -12 -2000 in two equal instalments.

(3.) SUBSEQUENT to that, vide order dated 25 -4 -2000, the Chief Engineer -respondent No. 3 passed an order to the effect that although the qualification of the petitioner Ghanshyam Singh Jainer is B.A. Technical with I.T.I. (Electronic) and he is a permanent employee in the department since 1 -8 -1982, but since he has not qualified the departmental eligibility test as has been provided under Rule 5(4) of the 1992 Rules, he cannot be considered for promotion. Aggrieved by the said order dated 25 -4 -2000, the petitioner filed Writ Petition No. 30311 of 2000 before the Allahabad High Court. The said writ petition was finally disposed of by order dated 24 -7 -2000. The order was passed to the following effect: