P RAM MURTHY Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner was appointed on the post of Clerk-cum-Typist on 25.2.1965 in the office of Directorate of Industry, Government of U.P., Kanpur. Thereafter the petitioner was absorbed in service of the U.P. Khadi Gramodyog Board, Lucknow, with effect from 1.4.1967. In the year 1972 the petitioner was promoted on the post of Accountant. On 1.1.1993 the petitioner was again promoted on the post of Noter Drafter in the pay scale of Rs. 4500-7000/2. On 18.10.1996 persons junior to the petitioner had been promoted on the higher post of Assistant Development Officer (Grade 1) in the pay scale of Rs. 5,000/- to 8,000/-. Being aggrieved, the petitioner filed representations before the authorities and when no action was taken, the petitioner filed Writ Petition No. 36431 of 2003 with a prayer for a direction to the respondents to promote the petitioner in the higher pay scale of Rs. 5000/- to 8000/-. The said writ petition was disposed of by this Court by an order dated 23.8.2003 with a direction to the respondent No. 2 to decide the grievance of the petitioner and pass appropriate order in accordance with law. Thereafter by means of the impugned order dated 15.10.2003 the claim of the petitioner has been rejected by the respondent No. 2. Aggrieved by the said order dated 15.10.2003 the petitioner has filed this writ petition for quashing the said order and also for a direction to the respondents to promote the petitioner on the post of Assistant Development Officer (Grade 1) with effect from 18.10.1996, on which date juniors to the petitioner had been promoted, as also for payment of the difference in the arrears of salary along with interest.

(2.) I have heard Sri H.P. Misra, learned Counsel for the petitioner and Sri R.K. Sonkar, learned Counsel appearing on behalf of the respondents and have perused the record.

(3.) The main grounds on which the impugned order dated 15.10.2003 has been passed refusing the petitioner the benefit of promotion are firstly, that no person junior to the petitioner has been promoted in the scale of Rs. 5000/- to 8000/- and secondly, that the petitioner who is a Noter Drafter is not entitled for such promotion.