LAWS(ALL)-2003-9-286

JASWANT LAL Vs. STATE OF U P

Decided On September 18, 2003
JASWANT LAL Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, the learned standing counsel trial No. 1 and Shri H.K. Mishra learned counsel for the other opposite parties.

(2.) The petitioner is an employee of Zila Panchayat, Unnao. He was working as Sectional Head Clerk on the basis of the order dated 10.5.1999. There is a post of prashasnik Adhikari, which was to be filled up by promotion from the feeding cadre of Sectional Head Clerk. On 21.4.2003, the post of Prashasnik Adhikari was vacant and the petitioner was given additional charge of the said post. A copy of the order dated 21.4.2003 is Annexure-4. It is alleged that on 27.6.2003 the selection committee constituted under Section 45 of U. P. Kshetra Panchayat and Zila Parishads Adhiniyam, 1961 (hereinafter to be referred, as 'Adhiniyam'), selected the petitioner for promotion on the post of Prashasnik Adhikari. The petitioner was promoted on the post of Prashasnik Adhikari on the basis of the appointment letter dated 28.8.2003 (Annexure-9). The Apar Mukhya Adhikari (Panchayat), Unnao issued order dated 5,9.2003 (Annexure-1) by which on the basis of the order of the .Adhyaksha, Zila Panchayat dated 4.9.2003, two orders dated 21.4.2003 and 28.8.2003 were cancelled. The petitioner has challenged this order on the ground that it amounts to reversion and he cannot be reverted without giving opportunity of hearing. There are three categories of employees in Zila Parishad. One category of employees which includes the post of Karya Adhikari, Abhlyanta and Kar-Adhikari, are appointed after consultation with the State Public Service Commission. There are certain other posts on which the power of appointment has been given to the Head of the Department and there are certain other posts on which the appointment is made on the recommendation of Chunao Samiti as provided under Section 45 of the Adhiniyam. The post of Prashasnik Adhikari is filled up on the basis of the recommendation of the Chunao Samiti by the Adhyaksha. Under the Adhiniyam, U. P. Zila Parishad Service Rules, 1970 (hereinafter to be referred as 'Rules') have been framed. Both the learned counsel for the parties have referred these rules in support of their contentions. Part 2 of the Rules consists of three Heads A, B and C. Head 'A' contains Rules 16 to 20. These rules provide the procedure for appointment in consultation with the Commission. Head 'B' contains Rules 21 to 24. These rules provide procedure for appointment on the recommendation of the Chunao Samiti. Rule 24 is as follows :

(3.) At the time, the impugned selection under consideration was conducted, the Adhyaksha of the Zila Panchayat was divested of his administrative and financial powers and a committee was appointed by the Government. Therefore, in the Chunao Samiti in place of the Adhyaksha, there was a committee appointed by the Government. Besides these members of this Committee, there were two other members as required under Section 45 of the Adhiniyam. This Chunao Samiti recommended the promotion of the petitioner on the post of Prashasnik Adhikari. After resolution of the Chunao Samiti for promotion of the petitioner, the Adhyaksha was reinstated and vide order dated 4.9.2003 the Adhyaksha directed to cancel the orders dated 21.4.2003 and 28.8.2003.