RAM BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the parties. The grievance of the petitioner is that the opposite parties are not granting notional promotion to the petitioner on the post of Assistant Development Officer (Panchayat) with effect from the date when his juniors were promoted. Brief facts of the petitioner's case are that the petitioner was appointed on the post of Panchayat Sevak/Gram Panchayat Adhikari under the opposite parties on 22.12.1971 and while working on the said post, the services of the petitioner were confirmed on 1.1.1974. By means of the order dated 29.1.2007, the opposite party No.3 issued order granting promotion to 236 persons on the post of Assistant Development Officer working on the post of Gram Panchayat Adhikari including the petitioner. Subsequently, the petitioner joined on the said post on 20.2.2007. On 5.6.2008, the opposite party No.2 circulated the tentative seniority list, inviting objections, whereby it came to the knowledge of the petitioner that persons junior to him, namely, Sarva Sri Mohd. Anees Khan, Bhisham Yadava and Dharm Pal Singh have already been granted promotion on the post of Assistant Development Officer (Panchayat) initially on ad hoc basis w.e.f. 15.4.1980, 23.5.1981 and 5.7.1979 and thereafter, they have been regularized on the said post vide order dated 14.12.1990. Being aggrieved, the petitioner moved a representation thereby making request to the effect that the petitioner may be granted notional promotion on the post of Assistant Development Officer (Panchayat) with retrospective effect from the date when for the first time a junior person to the petitioner was granted. Petitioner's counsel submits that the controversy involved in the instant writ petition has already been decided by this Court in Writ Petition No. 6704 (SS) of 1997 and he further submits that the interest of justice would suffice, if the opposite parties are directed to look into the matter and pass appropriate orders on the representation in light of the judgment and order dated 21.5.2003 passed in Writ Petition No.6704 (SS) of 1997 Kunwar Bharat Singh Versus The State of U.P. and others. The Standing Counsel has no objection to this prayer. Accordingly, the opposite party No.2 is directed to consider and decide the representation of the petitioner (Annexure 2), in light of the judgment and order dated 21.5.2003 passed in Writ Petition No.6704 (SS) of 1997 Kunwar Bharat Singh Versus The State of U.P. and others and pass appropriate orders, in accordance with law, by 30.6.2009. The writ petition stands disposed of in above terms.