KHOOBSINGH Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India for a writ of mandamus.

(2.) FACTS giving rise to this petition are that the petitioner was an employee of the Gwalior State since the year 1939. On 1 -1 -1948 he was appointed as an Upper -division Clerk in the Gwalior State service in the grade of Rs. 40 -5/2 -45 -E. B. -5/2 -55 and was posted in Subat Office, Bhind.

(3.) ON 23 -6 -1952 one Sarjusaran, a junior to the petitioner in service, was permanently appointed as an Upper -division Clerk. The petitioner filed an appeal to the Commissioner, Northern Division and on 8 -11 -1952 the Commissioner, by his order directed the Suba, Bhind to give to the petitioner a lien on the first post that may thereafter fall vacant in the grade of upper division clerk so that his rights may not be prejudiced. By this order the Commissioner also directed that the petitioner's seniority would not be affected.