BADRUL HASAN ALVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri S.F.A. Naqvi, learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) By this writ petition the petitioner has prayed for following reliefs:-

(3.) Brief facts giving rise to the writ petition are that the petitioner was appointed on the post of Civil Draftsman vide order dated 16th August, 1967. Thereafter, the petitioner was promoted on the post of Overseer by order dated 25.10.1972. The post of Overseer is now known as Junior Engineer. While promoting the petitioner on the post of Overseer it was mentioned in the promotion order dated 25.10.1972 that in case the work of the petitioner was not found satisfactory or a qualified Overseer is appointed, the petitioner will be reverted back to his original post of Draftsman. It is submitted by learned counsel for the petitioner that the petitioner was working on the post of Junior Engineer till he attained the age of superannuation in the year 2006. It is submitted that at the time of initial induction in service he had the requisite qualifications. No other person was appointed on the said post in which the petitioner was working. It is averred that the entire career of the petitioner was unblemished and the petitioner was never granted any adverse entry during his career. It is also submitted that under Rule 4 of the U.P. Government Servant Confirmation Rules, 1991 the petitioner is fully qualified to be confirmed on the said post.