S. K. LAMBA Vs. STATE OF U.P.

JUDGEMENT

(1.) The short question which has been raised for determination in this writ petition is whether denial of special grade to the petitioner from the date of promotion to his juniors, is illegal, unconstitutional and unjustified.

(2.) The petitioner joined the U.P. Civil Service (Executive Branch) in 1978. On Sept. 8, 1986 an adverse entry was given to the petitioner in connection with his work, while ho was posted as Deputy Director (Consolidation) at Ghaziabad during the year 1981-82 The adverse entry was later on expunged and a censure entry was awarded to the petitioner which was substituted by a warning. Due to this, the petitioner could not be promoted and instead his juniors were promoted to the next higher post. The petitioner felt aggrieved and filed Writ Petition No. 9834 of 1987. The said writ petition was disposed of finally by this Court on Oct. 19, 1989 as follows :

(3.) In compliance with the aforesaid directions the petitioners case for promotion was considered by a Selection Committee on Aug. 18, 1990. The Selection Committee found the petitioner to be unsuitable for promotion with effect from Oct. 16, 1984 when his juniors were promoted. The reasons f-v not promoting the petitioner from the date of promotion of his junior may best be described in the words of Smt. Neera Yadav, the then Appointment Secretary,who has filed a personal affidavit in pursuance of the Courts directive contained in the order dated Aug. 11, 1992. It is stated in Para 4 of the affidavit as follows :