LAWS(ALL)-1992-8-41

PRATAP SINGH RAWAT Vs. STATE OF U P

Decided On August 26, 1992
PRATAP SINGH RAWAT Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) THE petitioner has filed this petition for quashing the order dated 15- 4-1989, contained in Annexure 7 to the writ petition, passed by the respondent No. 4 and he prays for issuance of a writ of mandamus restraining the respondents from terminating the services of the petitioner by giving effect to the said order.

(2.) THE petitioner's case is that he was appointed as clerk of II grade In the pay scale of Rs. 185-280 in the [Basic Shiksha Parishad, Gopeshwar, district Chamoli. Two clerks of I grade were promoted and posted at Allahabad as a consequence of which the petitioner seems to have been promoted to the post of I grade clerk in the revised pay scale of Rs. 430- 685 by the order dated 19-11-1981 passed by the respondent No. 2. By virtue of the Government Order dated 7-8-1986 certain posts of Accountants In the office of the respondent No, 3 in (he pay scale of Rs. 470-735 were created and selection to those posts was to be made from the staff already working in the Parishad, who were drawing; the pay in the scale of Rs. 430 685. THEre was a further direction that when the post was vacated by a selected candidate, the post shall come to an end from the date it falls vacant Seniority and merit was method of selection. THE petitioner was appointed on 24-9-1986 on the basis of the report of the selection committee and was appointed as Assistant Accountant in the pay-scale of Rs 470-735. THE petitioner's, appointment was approved by the respondent No. 2 on the said post and his services were confirmed THE petitioner is said to have resigned from the post held by him before this selection. With effect from 1986 the petitioner continues to work as Assistant Accountant. But all of a sudden a communication was addressed by the respondent No. 4 to the respondent No 3 that the appointment of the petitioner was irregular on the post of Assistant Accountant and it was directed that the petitioner be removed from service. His promotion on the post of clerk in the pay-scale of Rs. 430-685 was held to be temporary THE petitioner challenges this order in this writ petition.

(3.) I have heard the learned counsel for the petitioner as also the standing counsel.