SATISH CHANDRA TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Gulab Chandra learned counsel for the petitioner and Sri Anshu Chaudhary for the respondent Nos. 2 and 3 and the learned standing counsel for the respondent No. 1. This writ petition questions the correctness of the order dated 31.12.2012 passed by the Upper Mukhya Adhikari. Zila Panchayat, Farrukhabad whereby the promotion order of the petitioner dated 12.4.2012 has been cancelled with immediate effect.

(2.) The background of the case is that the petitioner was working as a clerk in the office of Zila Panchayat and sought promotion to the post of Head Clerk. The petitioner had been given charge as Office Superintendent against which he was claiming further promotion under the U.P. Zila Panchayat Sewa Niyamawali, 1970. The request of the petitioner for grant of regular promotion to the post of Office Superintendent/Accounts Officer was considered and a resolution was passed on 30.6.2011 in favour of the petitioner. Since the said resolution was not given effect the petitioner filed Writ Petition No. 5007 of 2012 in which a direction was issued to take a final decision within two months. A copy of the said judgment dated 30.1.2012 is on record.

(3.) A Selection Committee was constituted and accordingly a decision was taken on 4.4.2012 by the said Committee to grant regular promotion to the petitioner. The decision of the Selection Committee was not endorsed by the respondent Chairman who was resisting the same. The Upper Mukhya Adhikari passed order on 12.4.2012 for promoting the petitioner on regular post and copy of the said order is Annexure-10 to the writ petition.