KRISHNA MURARI AGRAWAL Vs. STATE OF U P

JUDGEMENT

(1.) THE relief initially claimed in this petition was for quashing the order dated 12th March, 2001 by which the representation dated 14th November, 2000 filed by the petitioner for promotion on the post of Chief Cashier in the Treasury was rejected by the Commissioner, Allahabad Division, Allahabad who is the appointing authority in respect of the post of Chief Cashier under the U.P. Treasuries (Cash Branch) Ministerial Service Rules, 1987 but subsequently by means of amendments made on 30th January, 2008 and 10th October, 2011, additional reliefs were added for quashing the appointment of respondent no.4-Krishna Agrawal on the post of Tehvildar made on 18th July, 1977 as also for quashing the promotion of Krishna Agrawal on the post of Cashier and for consequential reliefs for granting retrospective promotion to the petitioner on the post of Cashier and Chief Cashier and for payment of arrears of salary/allowance on the post of Tehvildar with effect from 18th July, 1977 and on the post of Cashier with effect from 18th March, 1988.

(2.) THE petitioner Krishna Murari Agrawal claims that he was appointed as a Stamp Vendor on 15th May, 1973 in the Allahabad Treasury and was promoted on the post of Tehvildar on 14th November, 1980, while respondent no.4-Krishna Agrawal was posted as Tehvildar on 14th November, 1980 after the posting of the petitioner. The petitioner further claims that the District Magistrate, Allahabad promoted the petitioner on the post of Cashier in the Allahabad Treasury by the order dated 26th December, 1989 and that by the order dated 28th August, 1998, he was transferred from Allahabad Treasury to Kaushambi Treasury on the post of Cashier but by the subsequent order dated 1st September, 1998, he was also directed to discharge duties of the Chief Cashier till such time the Chief Cashier was appointed on a regular basis. The petitioner further asserts that a tentative seniority list of the Cashiers working in the Treasury of the Allahabad Division was declared on 4th June, 1999 for the purpose of promotion on the post of Chief Cashier and objections were invited within fifteen days. Ashok Kumar Tiwari (Pratapgarh) was placed at serial no.1, Krishna Agrawal-respondent no.4 (Allahabad) was placed at serial no.2, Sant Sharan Sharma-respondent no.5 (Fatehpur) was placed at serial no.3, while the petitioner (Kaushambi) was placed at serial no.4. The date of substantive appointment of the aforesaid four persons was also mentioned in the tentative seniority list. The date of substantive appointment of Ashok Kumar Tiwari was stated as 22nd September, 1987, of Krishna Agrawal as 17th March, 1988, of Sant Sharan Sharma as 1st June, 1990 and that of the petitioner as 22nd May, 1998. The petitioner claims to have filed objections against the tentative seniority list dated 4th June, 1999 that since he had been working on the post of Cashier before Krishna Agrawal and Sant Sharan Sharma, these person were juniors to the petitioner and that the petitioner had been promoted on the post of Cashier on 20th March, 1989 while Krishna Agrawal was directly promoted from Tehvildar to Assistant Cashier on 6th April, 1987 and Sant Sharan Sharma was posted as Cashier on 1st June, 1990. It is further asserted that without considering the objections filed by the petitioner, the Office Order dated 2nd September, 1999 was issued to declare the final seniority list in which the tentative seniority list was maintained. The petitioner submitted the representation dated 14th November, 2000 before the Commissioner, Allahabad Division, Allahabad for promoting him as Chief Cashier in the vacant post at Kaushambi and when the said representation was not decided, the petitioner filed Writ Petition No.54644 of 2000 which was disposed of on 20th December, 2000 with a direction to the Commissioner to decide the representation filed by the petitioner within a period of three months. The representation filed by the petitioner was rejected by the Commissioner by detailed order dated 12th March, 2001. It is this order that was initially assailed by the petitioner in this writ petition but subsequently the petitioner made prayers for setting aside the order regarding appointment of respondent no.4-Krishna Agrawal as Tehvildar and Cashier and for granting retrospective promotion to the petitioner as Cashier and Chief Cashier with consequential reliefs for payment of arrears of salary.

(3.) THE State in its counter affidavit has come out with a case that the petitioner had earlier filed Writ Petition No.12595 of 1991 regarding his seniority in the department but the filing of the said petition has not been disclosed in this petition. It has also been stated that the petitioner was initially appointed as a Stamp Vendor on 15th May, 1973 in Allahabad Treasury under the system then prevailing in the Government Treasuries. The petitioner became Tehvildar, which was a higher post, with effect from 4th November, 1980 while respondent no.4-Krishna Agrawal had earlier been appointed as a Tehvildar on 18th July, 1977. This System prevailing in the Treasuries was abolished by the State Government and Rules namely "U.P. Treasuries (Cash Branch) Ministerial Service Rules, 1987" (hereinafter referred to as the 'Treasuries Rules') were framed which stipulate that the U.P. Treasuries (Cash Branch) Ministerial Service would be a non-gazetted service comprising Group 'C' post. After abolition of the earlier system, the Government Treasurer was absorbed as Chief Cashier in Allahabad Treasury. The Chief Cashier Chandra Nath Trivedi was placed under suspension on 25th January, 1988 and charge of Chief Cashier was given to respondent no.4-Krishna Agrawal as he was the senior-most Cashier.