YUDHISTHIR Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) Petitioner had been performing and discharging duties as Chainman. Petitioner has contended that he was entitled for relaxation in age for the purposes of promotion on the post of Lekhpal. Matter qua the petitioner has been referred to the Board of Revenue U.P. at Lucknow on 9.2.2004 by District Magistrate, Muzaffar Nagar. As no decision was being taken on the said reference which has been made, in this background Civil Misc. Writ Petition No. 50905 of 2006 (Yudhisthir Vs. State of U.P. and others) was preferred before the Court and the Court on 14.9.2006 asked.the Board of Revenue, U.P. at Lucknow to take decision in the matter. Thereafter on 28.11.2006 decision has been taken rejecting the claim of the petitioner on the ground that petitioner has passed his Prathama Examination form Hindi Sahitya Sammellan, Prayag, which is unrecognized as per Government Order dated 27.4.1993 as such petitioner is not entitled for being promoted. At this juncture present writ petition has been filed.

(2.) Sri Pankaj Kumar Srivastava, learned Counsel for the petitioner contended with the vehemence that petitioner has been metted with arbitrary treatment and in all eventuality his claim is liable to be considered for promotion treating him as eligible, as Rakesh Kumar and Shafique Ahmad, who have also passed their Prathama Examination for Hindi Sahitya Sammellan, Prayag, have been accorded promotion on the post of Lekhpal, as such writ petition deserves to be allowed.

(3.) Sri P.K. Pandey, learned Standing Counsel on the other hand contended that from the own showing of the petitioner, his certificate which has been possessed, is unrecognized certificate and same is nothing more than waste paper and further merely because two incumbents have been accorded promotion claim of the petitioner will not improve as Art. 14 ensures positive equality and not negative equality, as such writ petition is liable to be dismissed.