(1.) In this writ petition, the petitioner has challenged Order No. 6155 dated 9th September, 1992 in so far as it purports to cancel the promotion which was given to the petitioner vide Order No. 12622 dated 26-8-1986.
(2.) From the impugned order it appears that the petitioner was promoted to the post of Clerk on 26-8-1986. The said order is sought to be cancelled by the impugned order, inter alia, on the ground that in the matter of promotion of the petitioner, the seniority, reservation policy and roster point was not followed and the approval of the departmental Promotion Committee was not obtained.
(3.) Learned Counsel for the petitioner submitted that the petitioner was appointed through proper channel to Class IV post in the year 1982 and thereafter there was a gazette notification dated 15th February, 1985 issued by the Government. On a perusal of the said notification it appears that 25 percent of Class HI posts shall be filled up by Class IV employees by way of promotion who were otherwise found eligible. The petitioner states that thereafter selection and interview took place and on scrutiny of service records of the petitioner, he was appointed on Class III post of Clerk vide order dated 26-8-1986, a copy of which is Annexure-4 to this writ petition. Pursuant to the said appointment the petitioner joined the post of Clerk on 27-8-1986 and is working as such since then. It appears that the petitioner thereafter received a show cause notice dated 28-12-1990 in which the petitioner was asked to explain why his promotion should not be cancelled since at the time of giving promotion to him, the seniority was not considered and the service records were not examined. It is also alleged in the show cause that the reservation policy was not followed. Thereafter the petitioner filed his explanation pursuant to the said show cause notice. The petitioner further stated in paragraph 14 of the writ petition that in matters of his promotion to the said post of Clerk, the reservation policy was followed inasmuch as he has mentioned the names of four persons who belong to reserved category and who have been appointed following the reservation policy.