SAHDEO SINGH Vs. ZILA PARISHAD BAHRAICH

JUDGEMENT

(1.) Heard learned counsel for the parties, learned standing counsel and also perused the record.

(2.) By means of this petition under Article 226 of the Constitution of India, petitioner prays for Issuance of a writ, order or direction in the nature of certiorari quashing the order dated 4.10.1982, whereby representation filed by respondent No. 4 was allowed by respondent No. 2 Commissioner. Faizabad Division, Faizabad and the respondent No. 4 was directed to be promoted to the post of Senior Tax Collector, after setting aside the promotion of the petitioner to the said post.

(3.) Relevant facts of the case are that the petitioner was appointed on the post of pond keeper vide order dated 26.6.1977, and vide order dated 18.6.1977/21.6.1977 he was promoted to the post of Tax Collector. After the lapse of four years, respondent No. 4 challenged the validity of the promotion of the petitioner, before respondent No. 2. Commissioner, Faizabad Division, Faizabad and filed an appeal. Appeal filed by respondent No. 4 was allowed by the Commissioner and the promotion of the petitioner, to the post of Senior Tax Collector was cancelled holding that respondent No. 4 was senior to the petitioner, he was, therefore, entitled to be promoted to the post of Tax Collector. As stated above, petitioner has challenged the validity of the said order dated 14.10.1982 by means of this petition.