VIJAI PAL SINGH GUSAI Vs. DISTRICT MAGISTRATE CHAMOLI

JUDGEMENT

(1.) By means of this writ petition the petitioner has challenged the order dated 27.07.2001 passed by the District Magistrate, Chamoli granting promotion to Patwaris as Registrar Kanungo and Assistant Registrar Kanungo in the pay scale of 4000-6000. The petitioner who is working as Lekhpal in district Chamoli has challenged the aforesaid order solely on the ground that some of the persons, namely, respondents no. 4 to 8 have been promoted in violation of rules. The rules provide that the Lekhpal who is not more than 35 years of age and has completed six years of service may be promoted to the post of Assistant Registrar Kanungo. Further the person who has completed three years service as Assistant Registrar Kanungo can be promoted to the post of Registrar Kanungo. The contention of the petitioner is that respondents no. 4 to 8 have completed 35 years of age on the date of promotion and as such promotion was granted by the respondent no. 1 in violation of rules. The petitioner has filed the seniority list of Lekhpals working in district Chamoli as proof of the date of birth of respondents no.4 to 8. Since the promotion granted was against the rules the petitioner filed a representation on 3.10.2001, which was not decided, and consequently he has challenged the order of promotion.

(2.) HEARD Sri Mangal Singh Chauhan learned counsel for the petitioner, learned Chief Standing Counsel Sri Rajendra Dobhal and Sri R.P. Nautiyal learned counsel for respondents no.4 to 8.

(3.) THE services of Assistant Registrar Kanungos and Registrar Kanungos are governed by the rules known as Uttar Pradesh Subordinate Revenue Ministerial (Registrar Kanungos and Assistant Registrar Kanungos) Service Rules, 1958. As per rule 4 the Collector shall be the appointing authority in respect of Registrar Kanungo and Assistant Registrar Kanungos in each district. Rule 7 provides source of recruitment. The method of recruitment has been given in rule 8 which is quoted as under:­