HARISH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) These are three connected writ petitions, raising common questions of fact and law and, therefore, they are being disposed of by this common judgment. Harish Chandra-Petitioner was appointed as clerk-cum-Cataloguer on 10th March, 1980. He was posted in Government Public Library. Allahabad. On 4.6.1994, he was transferred from Allahabad to Rajkiya Mahila Maha Vidyalaya. Banda, in the capacity of clerk. The petitioner dubbed the same as an order reverting him from the post of clerk-cum-cataloguer to clerk. According to the petitioner in the absence of any Rules governing the service conditions of the petitioner. Government orders issued from time to time were applicable in his case. The petitioner was clerk-Cataloguer in the pay scale of Rs. 950-1.500. which was upgraded to the pay scale of Rs. 1.200-2.040 by Government order dated 19.8.1989 and the nomenclature of the post was changed from that of clerk-cum-cataloguer to Cataloguer. A copy of G. O. dated 19.8.1989 is Annexure-2 to Writ No. 36875 of 1994. By virtue of subsequent G. O. dated 20.12.1991. Annexure-3 to the said writ petition. the pay scale of cataloguer was revised to Rs. 1,350-2,200. The petitioner made representation after representations to various authorities, including the Chief Minister against his transfer from Allahabad to Banda and ultimately the order of transfer was cancelled under the order of the Chief Minister on 28.6.1994. Thus, is Writ Petition No. 36875 of 1994, the petitioner confined his relief to the extent that a writ in the nature of mandamus be issued commanding the respondents to permit the petitioner to continue on the post of cataloguer in Government Public Library, Allahabad, since he fulfils all the essential qualifications for the post of cataloguer and his initial appointment was made to the said post. On 23.11.1994, an interim mandamus was issued to the respondents to permit the petitioner to join on the post of cataloguer in Government Public Library. Allahabad, or to show cause within three weeks.

(2.) By means of Writ Petition No. 29411 of 1998, the petitioner sought a writ of mandamus commanding the respondents, particularly, respondent No. 4 Sri Amit Yadav, Librarian, Rajkiya Public Library Allahabad, to pay the entire payment towards arrears of salary, increments, revised pay scale, selection grade, promotional scale, bonus and other subsidiary relief together with interest at the rate of 24 per cent per annum w.e.f. 14.3.1984 till the date of payment.

(3.) Civil Misc. Writ No. 28699 of 1999 is the latest one. This writ petition challenges the impugned order dated 30.6.1999 passed by the Director of Education (Higher Education) U. P.. Allahabad, transferring the petitioner from Allahabad to Government Women Degree College. Fatehpur, on the post of Junior clerk. The case of the petitioner is that similar efforts were made by the respondents in 1994, resulting in institution of Writ Petition No. 36875 of 1994, wherein an interim order was passed by this Court on 23.11.1994 which was confirmed on 4.1.1995. Thus, by virtue of aforesaid interim order, the petitioner is still continuing on the post of cataloguer and he cannot be reverted to an inferior post of clerk so long the matter is sub judice.