BHANWAR SINGH PUNDEER Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari quashing the order dated 17.11.1997, passed by respondent No. 2, and order dated 06.01.1998, passed by respondent No. 3, whereby the order granting the petitioner promotional pay scale has been cancelled.

(2.) HEARD learned counsel for the parties and perused the affidavits filed on their behalf.

(3.) LEARNED counsel for the petitioner submitted that the colleagues of the petitioner who continued their services with the Irrigation Department got the promotional scales, but the petitioner is deprived of the same. Admittedly, the petitioner is no more employee of the Irrigation Department, and after creation of Ground Water Department he worked there, as such, he cannot claim parity of the employees of his previous department in which there were promotional posts available. It is also contended on behalf of the petitioner that there are no service rules framed by the Government for the new department which was bifurcated from the Department of Irrigation, as such, the order granting promotional scale to the petitioner was not liable to be cancelled. Had the promotional scale been granted before leaving the Irrigation Department, what has been argued on behalf of the petitioner, could have been accepted. But, it is not so in the present case. All the promotional posts which are available with the Irrigation Department cannot be said to have been automatically created in the Department (Ground Water), and as such, the argument does not help the petitioner.