LAKHMI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner was appointed on the post of Lekhpal on 27.4.1974. He became permanent on 24.7.1976. He is posted as a Lekhpal in Tehsil Syana, District Bulandshahr.

(2.) It appears that vide letter dated 7th July, 2010, the Additional District Magistrate (Administration), Bulandshahr invited applications from the Lekhpals, who have completed their six years of service, for the promotion on the post of Assistant Registrar, Kanunago. It has been directed to give information by 12.7.2010. The petitioner was at serial No. 1 in the seniority list of the Lekhpals. In pursuance of the aforesaid letter of the Additional District Magistrate (Administration), the petitioner also applied for the promotion, vide application dated 14.7.2010. The name of the petitioner was sent alongwith the relevant information by the Tehsildar, Syana, on 23.7.2010 by which it has also been informed that the promotion is to be made by the District Magistrate after interview to be held on 24.7.2010. The petitioner has been directed to appear on 14.7.2010 at 10:00 a.m. in the office of the Assistant Land Revenue Officer alongwith the certificate of the educational qualification and other records. When the petitioner came to know that by the order dated 24.7.2010, juniors to the petitioner have been promoted on the post of Assistant Registrar, Kanunago, he filed Writ Petition No. 66640 of 2010, claiming his promotion on the post of Assistant Registrar, Kanunago and for quashing the order dated 24.7.2010 by which juniors to the petitioner have been promoted and the petitioner has been ignored. This Court has entertained the writ petition and directed the respondents to file the counter-affidavit. The counter and the rejoinder-affidavits have been filed in the said writ petition.

(3.) Meanwhile, on 11th February, 2011, a Government Order has been passed in pursuance to that, the District Magistrate, Bulandshahr has passed an order on 19th February, 2011 whereby the Sub-Divisional Magistrate, Syana, Bulandshahr has been directed to relieve the petitioner for the training of Revenue Inspector. Thereafter on 20th February, 2011, the petitioner made a representation before the Sub-Divisional Magistrate, requesting therein that since only two years' service remained and deteriorating health of the petitioner as well has his wife, he is not able to go outside the District, therefore, he may be exempted from the training of the Revenue Inspector. On consideration of the representation, the petitioner was not relieved, but again on 24.5.2011, an order has been passed by the Tehsildar, Syana whereby the petitioner was relieved for training. The petitioner has sought leave and further made a representation before the District Magistrate that he has sought promotion on the post of Assistant Registrar, Kanunago for which the writ petition is pending and in case if he will be asked to go for training of Revenue Inspector, the writ petition will become infructuous. Challenging the order dated 24.5.2010 by which the petitioner has been relieved, the petitioner filed Writ Petition No. 34042 of 2011, which has been disposed of vide order dated 9.6.2011 whereby this Court directed the petitioner to make a representation before the Collector and the Collector has been asked to dispose of the same within six weeks. The petitioner filed a detailed representation dated 22.6.2011 on which the District Magistrate has sought a report from the Tehsildar, Syana and thereafter by the order dated 3.8.2011 rejected the representation of the petitioner mainly on the ground that the Board of Revenue vide order dated 4.6.2010 promoted the petitioner on the post of Revenue Inspector, therefore, the claim of the petitioner for the promotion on the post of Assistant Registrar, Kanunago cannot be considered once the petitioner has already been promoted. It is, however, admitted that the petitioner was at serial No. 1 of the list of selected candidates and the petitioner appeared in the interview for the post of Assistant Registrar, Kanunago. The order of the District Magistrate, Bulandshahr is being challenged in Writ Petition No. 46605 of 2011.