KAMLESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Ms. Renu Mishra, learned counsel for the petitioners, Mr. S.C.Yadav, learned counsel for the opposite party nos. 3, 4 and 5 as well as learned Standing Counsel.

(2.) The petitioners are aggrieved with the final seniority list of Passenger/Goods Tax Superintendent (in short Tax Superintendent) dated 12.12.2008, which is under challenge in the instant writ petition.

(3.) The U.P. Transport Tax (Subordinate Service) Rules, 1980 provides that 50% of the total posts shall be filled up by way of direct recruitment and 50% by way of promotion of those working on the lower posts. The post of Stenographer is also one of the feeding cadre to the extent of 7% for appointment on the post of Tax Superintendent. The petitioners had been working as Stenographers. The petitioner No.1 was promoted on the post of Tax Superintendent on 9th of August 1989 on ad-hoc basis. Subsequently, the Transport Commissioner vide order dated 17.07.1995 issued two orders promoting the petitioners on the post of Tax Superintendent on the basis of the recommendations of the Departmental Promotion Committee. This was a regular promotion against the substantive vacancies. The petitioner No.1 was confirmed in service on 26.08.1995 and in the seniority list his name was placed at serial No.15. However, it is stated that on the basis of another recommendation of the State Public Service Commission made on 24.12.2003, the Transport Commissioner issued another order dated 21.01.2004 promoting the petitioners on regular/substantive basis in supercession of earlier order including the order dated 17.07.1995, and the petitioners have been placed at serial No. 2 and 6 respectively in the seniority list. Their selection has been shown as 1995-96 and 1998-99 respectively. It is stated that while superceeding the order dated 17.07.1995, the Transport Commissioner did not provide opportunity of hearing to the petitioners nor has shown any reason for issuing orders on promotion again to the post of Tax Superintendent.