DILEEP KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This special appeal has been filed against the judgment and order dated 15.6.2007, passed by Hon'ble Single Judge, dismissing the writ petition No. 18182 of 2006, filed by the petitioner appellant. Brief facts necessary for deciding the issues raised in the writ petition are that the appellant was appointed as class III employee in the judgeship of Mirzapur on 15.12.1975 in the payscale of Rs. 354-550. The appellant was confirmed on 30.4.1982. The appellant made a request for his transfer from Mirzapur to Allahabad Judgeship. The District Judge vide his letter dated 16.9.1984 gave consent for transfer with rider that seniority of the appellant will be determined later on. By order dated 30.9.1984, the appellant was transferred from Mirzapur to Allahabad Judgeship, who joined on 1.10.1984. The respondent No. 4, Mithilesh Kumar Srivastava was appointed as class III employee in the judgeship of Mirzapur on 17.1.1974 in the pay scale of Rs. 354-550. The respondent No. 4 was transferred from Mirzapur to Allahabad on 11.4.1974. The respondent No. 4 joined at Allahabad in the year 1974 and continuously worked thereafter. By order dated 1.2.1984, the respondent No. 4 was confirmed.

(3.) The appellant moved an application on 11.9.1985 for fixation of his seniority. A list of candidates in different scales as sanctioned by the Government orders dated 28.2.1985, 2.4.1984 and 31.5.1985 for the purposes of staffing pattern was prepared by a Committee in which the petitioner's name was also included at serial No. 49. An objection was submitted by the respondent No. 6, Shafiq Ahmad to the gradation but no decision was taken by the District judge. On 26.9.1991, appellant made an application to the District Judge that his name in the gradation/ seniority list be placed at its proper place. A report was submitted by the Senior Administrative Officer on 2.11.1991 that appellant can be placed below Rama Shankar Srivastava and above Smt. Lalita Kumari. The District Judge passed the order dated 10.12.1991 placing the name of the appellant below Rama Shankar Srivastava and above Smt. Lalita Kumari. The appellant submitted a representation to the Administrative Judge. An order dated 13.2.1996 was communicated to the appellant informing that his seniority had been fixed below Raghubir Prasad Yadav and above Shafique Ahmad. After the above order dated 13.2.1996, a representation was made by respondents No. 4 and 6. Representation of Respondent No. 4, Mithilesh Kumar Srivastava was allowed by order of the Administrative Judge dated 23.1.2006, which was communicated to the District Judge vide letter dated 7.2.2006. Aggrieved by the aforesaid order dated 23.1.2006, the appellant filed a writ petition No. 18182 of 2006, praying for quashing the order dated 23.1.2006 and other consequential reliefs.