R.K. DUBEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner was appointed as a Naib Tahsildar in 1953 and in 1958 he was promoted to the post of Tahsildar. Next promotion for Tahsildar is to the post of Deputy Collector in the Cadre of Provinces Civil Service (Executive Branch). The petitioner was promoted as officiating Deputy Collector and his appointment was notified in the Gazette dated 23-3-1962. Thereafter he continued to work as officiating Deputy Collector from year to year and was confirmed as Deputy Collector with effect from 4-1-1975. However, vide G.O. dated 5-10-1885, he was allotted the seniority of the recruitment year 1970 instead of 1961. The representation filed by the petitioner against allotment of the seniority did not yield any result. He, therefore, challenged the above order of the Government allotting him the Seniority by means of a writ petition before this court. This writ petition was allowed by a learned Single Judge, vide judgment dated Oct. 10, 1991 relevant extract from which is reproduced below:-

(2.) Petitioner in pursuance of the above judgment submitted a representation which has been rejected by the State Government vide order dated 18th Jan., 1982. Being aggrieved by it the petitioner has failed this writ petition.

(3.) While deciding the earlier writ petition of the petitioner this Court held that as the quota rule in the matter of appointment to the post of Deputy Director has broken down and the petitioner is entitled to the seniority of the year 1961, if it is proved that his appointment was made after following the procedure prescribed by the United Provinces Civil Service (Executive Branch) Rule, 1941 (hereinafter referred to as the Rules). Relevant extract of the said judgment of this Court is reproduced below: