A K JAIN Vs. STATE OF U P

JUDGEMENT

(1.) By means of this petition filed 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 24.2.1982 passed by U. P. Public Services Tribunal-IV, Lucknow dismissing the claim petition filed by petitioners as well as order dated 13.8.1975 whereby petitioner was reverted from the post of Assistant Engineer to his substantive post of Junior Engineer and the order dated 22.4.1976 whereby the representation filed by the petitioner against the order of reversion was rejected by respondent No. 2.

(2.) In brief the facts of the case giving rise to the present petition, are that in the year 1952 petitioner was appointed as Overseer (Junior Engineer) in the Public Works Department. At the time of appointment, petitioner possessed diploma in Civil Engineering. Subsequently, in the year 1956, he also passed AMIE examination which was equivalent to a degree in the Civil Engineering. Services of the petitioner were made permanent in the year 1961 and he was thereafter promoted to the post of Assistant Engineer on ad hoc basis vide order dated 12.6.1970, and was posted at Rudra Prayag. In the year 1972-73 petitioner was awarded adverse entry, against which he filed a representation/appeal which was dismissed by State Government on 12.6.1974. Subsequently, another representation was filed by the petitioner against the said entry which was rejected by the State Government. Even in the years 1973- 74 and 1974-75 the petitioner was awarded adverse entries. The representations filed against the said remarks were also turned down. Subsequently, the petitioner was reverted from the post of Assistant Engineer (Civil) to which he was holding on ad hoc basis, to his substantive post vide order dated 13.8.1975. Challenging the validity of said order petitioner filed a claim petition before respondent No. 3.

(3.) Claim petition filed by the petitioner was contested by respondent Nos. 1 and 2. It was contended that work of the petitioner as Assistant Engineer was not found satisfactory, therefore, he was sent back to his substantive post of Junior Engineer. Tribunal after perusing the material on record came to the conclusion that order of reversion was not passed by way of punishment : but the same was passed in the terms and conditions of the order of appointment/promotion and that the competent authority did not commit any error of law and jurisdiction in reverting him from the post of Assistant Engineer to the substantive post of Junior Engineer. It was also held that the competent authority did not commit any error of law and jurisdiction in reaching the conclusion that the work of the petitioner was not satisfactory. The claim petition filed by the petitioner was dismissed by judgment and order dated 24.2.1982, hence the present petition.