RAKESH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner, holding the post of District Manager in U. P. State Food and Essential Commodities Corporation Ltd. (hereinafter referred to as the Corporation); challenges the order dated 22. 8. 2007 passed by the State and the order dated 23. 8. 2007 passed by the Managing Director of the Corpora tion.

(2.) BY means of order dated 22. 8. 2007 the State Government directed the Managing Director to cancel the transfer of the petitioner posting her at Hardoi and consequently the order dated 23. 8. 2007 has been passed by the Managing Director.

(3.) THE record was produced by the State and it is not in doubt, rather it is admitted, both from the pleadings of the parties and also from record, that the respondent No. 4, who was substantively appointed Commercial Inspector i. e. a post lower in rank than the post of District Manager was allowed to discharge the functions of higher post while he was posted at Hardoi and in view of information given by the Managing Director in Vidhan Parishad and the recommendations made by the State Government the posting on the post of District Manager and other offices was to be done on the basis of seniority subject to rejection of unfit and that the petitioner/was a regularly appointed District Manager whereas re spondent No. 4 was only a Commercial Manager.