LAWS(ALL)-1999-11-38

BABU RAM Vs. DEPUTY CANE COMMISSIONER MORABADAD

Decided On November 11, 1999
BABU RAM Appellant
V/S
DEPUTY CANE COMMISSIONER, MORABADAD Respondents

JUDGEMENT

(1.) Babu Ram and Harbir Singh, the two petitioners have filed this petition under Article 226. Constitution of India claiming a writ of certiorari to quash the order dated November 19, 1994 (Annexure-1 to the writ petition) in compliance to the resolution dated February 28, 1994 (Annexure-1A to the writ petition) as well as writ of mandamus directing the respondents not to interfere with the working of the petitioners as Seasonal Clerks and pay salary to them accordingly.

(2.) Briefly stated facts are that petitioners were appointed as Parchi Vltrak in the Office of Cane Society, Bijnor. In the year 1977-78 respectively. Question arose for making promotion to the post of Seasonal Clerk, which required High School as minimum quailfication.

(3.) In paragraph 4 of the petition, it is alleged that petitioners had passed "Prathma" examination from Hindi Sahitya Sammelan, Allahabad. According to the petitioners, the said examination is equivalent to High School. Reliance has been placed on a Notification on the subject purported to have been issued by the Central Government (Annexure-2 to the writ petition),