R K DIKSHIT Vs. STATE OF U P

JUDGEMENT

(1.) The writ petition was disposed of by an order dated 11-8-1997. An application for recalling the order has been filed on behalf of Dharmendra Nath Singh who has been transferred to Khariya Range.

(2.) Mr. R.K. Jain, learned counsel for the said Dharmendra Nath Singh, respondent No. 5, contends that the petitioner being Class II Officer, the writ petition is cognizable by a Division Bench and would not have been decided by the Single Judge. He secondly contends that the order has been obtained by misleading this court on suppression of fact that the petitioner himself had been seeking to remain at Mayorpur that he did not handover the charge even on the date the order was passed.

(3.) Mr. S. C. Budhwar, learned counsel appearing for the petitioner, on the other hand, contends that the scale of the post held by the petitioner is Class 'C' post as has been defined in Section 2 of U.P. Subordinate Service Selection Act, 1988. Referring to item No. 12 of the Group 'C' post in which said Act 1988 apply, specified in notification dated 25-11-1989, he contends that the post of Forest Ranger was in the scale of Rs. 1400-2600/- which is a Group 'C post. The said post of Forest Ranger was subsequently revised to Rs. 1640-2900 by notification dated 15-10-1994. According to him, the revision of scale does not take away the post from the classification of Group 'C post. Therefore, this writ petition is cognizable by Single Judge. He secondly contends that the said omission to disclose certain facts does not in any way affect the merit of the case and therefore there was no question of misleading this court. On the other hand, the petitioner is being harassed by successive transfers and therefore serious apprehension was there in the mind of the petitioner that he could be shifted out of the division, therefore, he had filed the said writ petition.