KEWAL RAM 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 impugned order dated 16.3.1999, passed by the respondent No. 2, reverting the petitioner from Group -C post to Group -D post.

(2.) BRIEF facts of the case, as narrated in the writ petition, are that the petitioner was appointed in Group -D post in Sub -Treasury Maulekhal (SALT), district Almora on 18.12.1990 in the pay scale of Rs. 750 -940. On 18.8.1998, the petitioner was promoted from Group -D to Group -C on the post of clerk in the pay scale of Rs. 3,050 -4,590 under departmental promotion as per Government order dated 31.8.1982 and 21.8.1993. The petitioner served the department in both of his capacities first on Group -D post and thereafter on Group -C post to full satisfaction to his seniors. However, petitioner was suddenly reverted from Group -C post to Group -D post vide order dated 16.3.1999 passed by respondent No. 2, the District Magistrate, Almora. The said letter was based on letters dated 8.1.1999 issued by the Joint Director Treasury, Kumaun Division, Nainital (respondent No. 4) and another letter dated 8.2.1999 issued by the Commissioner, Kumaun Division, Nainital. It is alleged that the impugned order and the letters on which it was based are not only wrong and arbitrary but also against the law.

(3.) THIS writ petition was filed in the year 1999 before the Allahabad High Court and received by way of transfer to this Court under Section 35 of the U. P. Re -organization Act, 2000 for disposal,