(1.) Heard Sri P. K. Ganguli, learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) The petitioner has filed this writ petition, praying for quashing for order dated 10.11990, passed by the Sub Divisional Magistrate, Basti and the order dated 111990, passed by Prabhari Naib Tehsildar, Tehsil Sadar, District Basti. Further prayer has been made for a direction to the respondents from not interfering in the functioning of the petitioner as Collection Amin, Tehsil Basti, District Basti.
(3.) The brief facts of the petition are that the petitioner was initially appointed on the post of Seasonal Collection Amin in the year 1976 in Tehsil Harraiya, District Basti. The post of Seasonal Collection Amin is transferable and therefore the petitioner was transferred from one place to the other within District Basti. On 28.10.1988, the petitioner made a representation before the District Magistrate, Basti, praying for substantive appointment on the post of Collection Amin on the post falling vacant on account of death of one Ram Adhar, Collection Amin, who was a schedule caste employee like the petitioner. A junior employee, Raja Ram, was being appointed on the substantive post aforesaid and therefore, the petitioner objected and thereafter the Sub Divisional Magistrate, Harraiya, Basti prepared a seniority list and the name of petitioner was recommended by him for appointment on the substantive post in the order of seniority. By the order dated 08.05.1989, the District Magistrate appointed him on the substantive post of Collection Amin. The petitioner was medically examined by the Chief Medical Officer on the direction of the Sub Divisional Magistrate. On 17.02.1990, the petitioner sought transfer from Tehsil Harraiya to Tehsil Basti Sadar and the District Magistrate by his order dated 20.01990 permitted his transfer as per his prayer and transfer order dated 26.02.1990 was issued to him by the Additional District Magistrate, Basti. The petitioner joined his duties at Tehsil Basti Sadar on 01.01990.