BALENDU BHUSHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) M. Katju, J. This writ petition has been filed against the impugned order dated 15-9-99 issued by the Education Department of the State Govt. Annexure 15 to the writ petition. Heard learned counsel for the parties.

(2.) THE petitioner was selected in Combined State/upper Subordinate Service Examination 1992. THE relevant extracts of the result as published in the news-paper Rashtriya Sahara dated 6-4-99 is Annexure 1 to the petition. In para 3 of the writ petition it is stated that at the time of the interview preference was called for from each of the candidates appearing in the interview. It is alleged that so for as requisition of the petitioner he has given preference for the post of Treasury Officer/account Officer in U. P. Finance and Accounts Service at a higher preference followed by U. P. Education (General Education Code) Service Group B. On the basis of the recommendation the Education Department of the U. P. Govt. issued order dated 30-1-97 specifying seven persons including the petitioner as having been selected for the post of Basic Shiksha Adhikari vide Annexure 2. In pursuance of the aforesaid order, the petitioner was granted appointment as Basic Shiksha Adhikari by order dated 10-6-97 Annexure. THE petitioner assumed charge on 21-6-97 vide Annexure 4. Since them he is in continuously working as Basic Shiksha Adhikari, Padrauna to the full and complete satisfaction of the superior authorities. THE petitioner's name is at Serial No. 2 in the Schedule appended to the office order dated 20-9-98 vide Annexure 5. In paras 10 and 11 of the petition it is stated that promotion from the post of Basic Shiksha Adhikari is to be made to the post of D. I. O. S. or Reg. Asst. Director. In para 13 it is stated that some candidates recommended for different posts including U. P. Finance and Accounts Service failed to join on the post for which they were recommended as a consequence of which reshuffling was done and as a result the petitioner has been recommended for the post of Treasury Officer/ Accounts Officer and an order dated 4-12-98 was issued appointing the petitioner to U. P. Finance and Accounts Service. THE petitioner was required to undergo training at the Administrative Academy, Nainital vide Annexure 6. By office orders dated 7-12-98 and 16-1-99 Annexures 7 and 8 the place of posting of the petitioner and other persons were notified. In para 17 it is stated that there did not exist any occasion for granting appointment to the petitioner as Treasury Officer/accounts Officer in view of the fact that the petitioner had already been appointed as Basic Shiksha Adhikari and had been working for two and half years. This petitioner protested against the order vide representation dated 6-2-99 vide Annexure 9. By order dated 26-5-99 the Principal Secretary, U. P. Govt. cancelled the appointment and candidature of the petitioner vide Annexure 10. THE petitioner submitted representation dated 27-5-99 before the Principal Secretary vide Annexure 11. THE D. M. Kushi Nagar also made recommendation on 25-6-99 vide Annexure 12. Copy of the representation of the petitioner dated 19-6-99 before the Director of Education (Basic) dated 19-6- 99 is Annexure 13. However, on 27-9-99 an order was issued by the Principal Secretary whereby earlier order dated 26-5-99 was maintained and representation of the petitioner was rejected. True copy of the order dated 21-7-99 is Annexure 14. By the impugned order dated 15-9-99 issued by the Education Department the petitioner was relieved from the Education Department for joining at Finance Department vide Annexure 15. Hence this writ petition.