SHIV KUMAR TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Anil Tewari, learned Counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) THE petitioner by means of present writ petition under Article 226 of the Constitution of India has sought a writ of certiorari for quashing the orders dated 8th March, 1999 and 3rd November, 1999, Annexure Nos. 'ii' and 'i' to the writ petition, passed by respondents 2 and 4 rejecting his claim for pay protection for the period 10th March, 1989 to 10th April, 1991 as Assistant Consolidation Officer after his appointment on the post of Sub-Registrar and also declining to give benefit of service for the purpose of seniority. He has further sought a writ of mandamus commanding the respondents to count his services rendered as Assistant Consolidation Officer and Accounts Officer for giving service benefits and seniority under Fundamental Rule 22-A.

(3.) FROM the facts available on records, it is not disputed that the petitioner was never confirmed as Assistant Consolidation Officer or Accounts Officer at any point of time. Learned Counsel for the petitioner placed reliance on U. P. Finance and Accounts Service Rule, 1992, published on 17th March, 1992 and submitted that the period of probation prescribed under Rule 24 (1) and (2) is two years, which is extendable by one year, but not beyond two years. The petitioner submitted that since he worked as Accounts Officer for more than three years and therefore he would be deemed confirmed and is entitled for the benefit of said service. However, we do not find any force in the aforesaid submission for two reasons. Firstly, Rule 24 (2) provide that the period of probation can be extended for two years, meaning thereby that the maximum period of probation under the aforesaid Rule is four years. The petitioner admittedly worked as Accounts Officer from 11th April, 1991 (appointed on 11th February, 1991) till August, 1994 and thereafter was appointed on the post of Sub-Registrar by the order dated 11th May, 1994 and joined on 18th August, 1994. Thus, the total period for which he has worked on the said post is less than four years. Secondly, Rule 26 of U. P. Finance and Accounts Service Rule, 1992 provides for confirmation, which reads as under :