SATYA PRAKASH SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner, Satya Prakash Sharma, has approached this court questioning the validity of decision dated 10.08.2006 and 21.08.2006 taken by the District Judge, Meerut, disturbing seniority of petitioner and thereby placing him out side from the zone of consideration for being promoted to the post of Sadar Munsarim, and further for directing the respondents not to interfere with the functioning of petitioner as Sadar Munsarim at Family Court, Meerut and to pay regular salary in the pay scale of Rs.5500-9000/- every month.

(2.) Brief background of the case is that petitioner was appointed as clerk in the judgeship of Meerut in the lowest pay scale of Rs.100-180. Omvir Sharma, respondent No. 4, was appointed as clerk in the lowest pay scale of Rs.200-320/-, which was revised to equal pay scale of Rs.100-180, at the said point of time. Petitioner was accorded promotion to the next higher scale of Rs.230-385. Omvir Sharma was also accorded promotion to the next higher scale of Rs.300-550/-, which was revised pay scale equivalent to Rs.230-385/-. On 01.06.1987 seniority list was published, wherein petitioner was shown as serial No.22, whereas Om Veer Sharma at serial No. 25. Promotion in the pay scale of Rs.1350-2200 was to be made. Petitioner, on account of his illness and bad health, requested that he was not interested in promotion to the pay scale of Rs.1350-2200. It was also mentioned that he did not intend for future promotion also, and in this regard application dated 13.05.1994 was moved with the said request. The request of the petitioner was considered by the committee, which was headed by IInd Additional District Judge on 09.06.1994. In pursuance of the said consideration report dated 07.06.1994 was approved on 09.06.1994 in following terms:

(3.) On account of the afore-quoted order, petitioner continued in the pay scale of Rs.1200-2040/-. Seniority list was again published on 01.05.1995, wherein petitioner was at serial No. 7, while Omvir Sharma was at serial No. 10. Omvir Sharma was accorded promotion to the pay scale of Rs.1350-2200 on 01.09.1995. Petitioner on 01.06.1996 and 17.09.1996 requested that on account of his continuing medical condition he be permitted to continue on the lower pay scale. Thereafter on 30.11.1996, petitioner requested expressing his willingness for promotion to the pay scale of Rs.1350-2200 with request that he may be assigned the work of reader. The Promotion Committee so constituted supported the claim of petitioner, and thereafter on 02.01.1997, petitioner was accorded promotion in the pay scale of Rs.1350-2200. Respondent No. 4 was granted promotion to the pay scale of Rs.1400-2300/-, and petitioner was accorded promotion to said pay scale of Rs.1400-2300 on 01.12.1997. On 23.12.1997. Government Order had been issued revising the pay scale with effect from 01.10.1996. In the revised pay scale so circulated, the two pay scales of Rs.1350-2200 and Rs.1400-2300/- were merged and a unified revised pay scale of Rs.4500-7000/- was recommended. District Judge, Meerut sanctioned the pay scale of Rs.1350-2200/- to the petitioner as promotional pay sale on personal promotion with effect from 01.08.1993. At judgeship Meerut one R. K. Goel was accorded promotion in the pay scale of Rs.5500-9000/- on 31.07.2001. Against the said order, on administrative side, respondent No. 4 represented before this Court. The said representation was rejected by this Court by means of communication dated 29.08.2003 sent by Deputy Registrar of the Court. The said order clearly mentioned that representation had no force and further character rolls of R.K. Goel, Satya Prakash Sharma, Arvind Kumr Sharma and Omvir Sharma were returned. Thereafter, record in question reveals that representation was moved, requesting therein that pay scale, which had been accorded to the petitioner with effect from 02.01.1997 in the pay scale of Rs.1200-2040/- (Rs.4000-6000/) has been wrongly accorded, and further complaint was made that name of petitioner was wrongly placed over and above the contesting respondent No.4 in the seniority list. Thereafter petitioner requested for supplying copy of the representation. District Judge, Meerut on 12.10.2004 said that there was no question of supplying copy of representation of other officials to him and he might move his separate representation. Petitioner has contended that thereafter he requested Omvir Sharma for supplying copy of the same. Thereafter, it has been contended by the petitioner that committee was constituted and the said committee without providing any opportunity of hearing to the petitioner altered the seniority list superseding and placing the petitioner outside the zone of consideration for promotion and illegal promotion has been accorded to respondent No.4. At this juncture present writ petition has been filed.