SOHAN PAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Counselor 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 iri 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 appears that the petitioner was promoted on the post of Sectional Head Clerk in place of one Sri Kishori Lal Jha who was working on the said post and who retired on 30.9.1995. It is submitted that the petitioner, after confirmation, was sent on deputation on the post of Clerk in the office of Panchayat Evam Sthaniya Nikaya Election Office, Kannauj. U.P. After the period of deputation of the petitioner was over, he was relegated back to his parent department.