ASHOK KUMAR GAUR Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri V.K. Singh, learned counsel for petitioner, learned Standing Counsel for State and perused the material available on record.

(2.) Writ Petition No. 52388 of 2003 (hereinafter referred to as "First Petition") under Article 226 of Constitution of India has been filed by Sri Ashok Kumar Gaur, assailing order dated 10.11.2003, passed by Deputy Director of Agriculture (Extension) Deoria (hereinafter referred to as "DDA") whereby petitioner was reverted from the post of Junior Clerk, a Class-III post to Class-IV post on the ground that reversion was without any show-cause notice or opportunity of hearing or departmental enquiry and hence, it is punitive and illegal.

(3.) Petitioner has pleaded in writ petition that he was a daily wage worker in Agriculture Extension Organisation (Makka), Banjaria, Deoria which was subsequently abandoned and all persons working as daily wagers were absorbed to Group 'D' posts. State Government vide Government Order (hereinafter referred to as "G.O.") dated 03.07.2002 sought to fill in backlog vacancies of reserved category and pursuant thereto, applications were invited from Class-IV employees working daily wager in Group 'D' post for promotion to Group 'C' posts by DDA vide Office Memo dated 02.08.2003. Petitioner applied and vide order dated 01.09.2003 issued by DDA, he was appointed as Junior Clerk on temporary basis in the office of DDA in the pay-scale Rs. 3050-4590/-. Aforesaid appointment was temporary and liable to be terminated at any point of time by giving one month's notice or salary in lieu thereof. Subsequently, vide order dated 17.10.2003, petitioner was transferred from the office of DDA to Regional Agriculture Extension Officer, Rudrapur, Deoria (hereinafter referred to as "R.A.E.O.") against existing vacancy of Junior Clerk.