SOHAN PAL Vs. STATE OF U P

JUDGEMENT

(1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.

(2.) THE petitioner was appointed on 9-8-1973 on the post of Junior Clerk by President Nagar Palika Parishad, Ujhani, District Badaun in the pay-scale of Rs. 176-250. THE petitioner claims that the Commissioner, Rohail Khand Division, Bareilly sanctioned a post of Sectional Head Clerk in Water Works Department at Nagar Palika Parishad, Ujhani, District Badaun on 31-5-1974 on which one Sri K. M. L. Chaturvedi was appointed by promotion on 12-7-1974. It is further claimed that the petitioner was confirmed and regularized on the post of Junior Clerk by the President, Nagar Palika Parishad, Ujhani District Badaun on 15-10-1974 and he was promoted as Senior Clerk in the pay-scale of Rs. 185-280 in place of one Sri Girish Chandra Tripathi on 4-7-1977. It is urged by Counsel for the petitioner that by clarification dated 18-10- 1982, the services of non-teaching staff were made transferable from colleges to Nagar Palika Parishad.

(3.) IT is contended by Counsel for the petitioner that it is only when the petitioner came back from deputation that he came to know about the aforesaid order dated 23-10-2000. Counsel for the petitioner also contended that the petitioner has been reverted in order to accommodate another person and on coming to know about the said order, the petitioner preferred an appeal before the Commissioner, Rohailkhand Division, Bareilly, which was dismissed on the ground of limitation as well as on merits. The petitioner has filed this writ petition challenged the validity and correctness of the aforesaid order passed by the Commissioner, Rohailkhand Division, Bareilly, dated 25-8-2005.