RAVI KUND SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the material available on record.

(2.) By means of the instant writ petition, the petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India to issue a writ in the nature of certiorari quashing the order dated 10.12.2010 whereby the proposal for promotion of the petitioner was not approved on the ground that he has attained the age of superannuation and further to issue a writ in the nature of mandamus commanding the respondents to make payment of arrears of salary treating the petitioner as promoted with effect from 30.10.2004.

(3.) Brief facts necessary for disposal of the present controversy are that the petitioner was appointed as Clerk in the Jawahar Lal Nehru Memorial Postgraduate College, Barabanki in the year 1976. One J.B. Maurya, was working on the post of Office Superintendent, was compulsorily retired on 17.09.2001. Since the petitioner was the senior most Clerk in the college, therefore the charge of Office Superintendent was given to him on the very next day i.e. 18.09.2001. On 6.4.2002, the Principal of the college issued an order that entire charge be given to the petitioner by Shri J.B. Maurya. On 22.4.2002, Committee of Management passed a resolution in which, it was decided that entire charge was not given to the petitioner by Shri J.B. Maurya, therefore, in the presence of the Magistrate, Almirah was opened and entire charge was given to the petitioner for the post of Office Superintendent. The date of superannuation of J.B. Maurya was 30.11.2004 but he was compulsorily retired on 17.09.2001. The order of compulsory retirement was challenged by him by filing a writ petition, which was allowed and therefore, vide order dated 4.4.2007, he was treated to be in service upto 30.11.2004, the age of his superannuation. The petitioner moved a detailed application before the Committee of Management and concerned authorities for his promotion as well as for payment of salary payable to him for the post of Office Superintendent with effect from 18.9.2001 but no action was taken. Feeling aggrieved thereby the petitioner filed instant writ petition.