PRADEEP KUMAR Vs. STATE OF U.P. THROUGH SECY. BAL VIKAS EVAM MAHILA KALYAN KAKSH, SECRETARIAT U.P. LUCKNOW & ORS.

JUDGEMENT

(1.) Heard learned counsel for parties.

(2.) The petitioners were working as Senior Clerks in various offices of the district of Allahabad under the Bal Vikas Pariyojna. By means of the present Writ Petition under Art. 226 of the Constitution of India, the petitioners have challenged their reversions to the post of Junior Clerks which have been done by means of a notice published in the local news paper 'Dainik Jagran' in the issue dated 22nd Dec., 1991. A copy of this notice has been filed with each of the writ petitions. The notice states that the services of the petitioners, who were promoted to the post of the Senior Clerks on 16.2.1991 by the concerned district officer in disregard of the circular issued by the Director on the 22nd of Nov., 1990 to the effect that promotion from Junior Clerks to Senior Clerks should not be made.

(3.) Admittedly, the petitioners were promoted on 16th of Feb., 1991. The power to appoint the Senior Clerks and Junior Clerks vested in the District Magistrate under the Government Order of 7th Aug., 1990 The District Magistrate had delegated his powers to the Chief Development Officer. The petitioners' initial appointments and also their promotions were made by the Chief Development Officer under the Government Order dated 7th Aug., 1990. By a subsequent Government Order dated 18.2.1991, the State Government withdraw the power of appointment relating to Junior Clerks and Senior Clerks from the concerned District Magistrates and conferred the said power upon the Director.