(1.) SRI Umesh Mohan, Advocate for A. K. Gupta, petitioner, Standing Counsel for respondents No. 1 and 2 (State of U. P. through the Principal Secretary, Avas Evam Nagar Vikas/the Director, Local Bodies, U. P. and SRI C. K. Parekh, Advocate for the respondent No. 3/mukhya Nagar Adhikari, Varanasi Nagar Nigam, Varanasi. Heard learned counsel for the parties. Facts of the case not in dispute, are as follows.
(2.) THE State Government vide its order dated 11-1-1989 addressed to the Administrator, Nagar Mahapalika, Lucknow/agra/allahabad/varanasi informed that World Bank had advanced financial aid for U. P. Town Development and under this project conceived formation of 'traffic Engineering and Management Cells to be implemented in all the major towns in the towns referred to in the said Government Order. THE aforesaid Government Order contained details of the posts of 'traffic and Transportation Planners' in Pay Scale of 1100-2050 outside Centralized Services; that of Assistant Engineer (Civil) and Junior Engineer (Civil) and Junior Engineer (Civil) (posts of Centralized Services) besides the post of 'tracer'. Mahapalika were required to fill up these posts immediately. (copy of the G. O. is Annexure 1 to the writ petition ).
(3.) THE State Government, vide order dated 17-8-1992 addressed to Mukhya Nagar Adhikari, Nagar Mahapalika, Agra (Annexure-4 to the Writ petition), intimated that by means of 13th Amendment of Rule 1992, post of Traffic and Transportation Planner, outside Centralized Services held by the petitioner A. K. Gupta, is being absorbed in 'centralized Services' with its new nomenclature 'adhishashi Abhiyanta (Traffic)'.