BHAGWAT Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) The petitioner is seeking quashing of the order dated 5.11.2015 whereby promotions granted to him on the post of Junior Clerk and above have been canceled.

(2.) The brief facts of the case, as emerging from the documents on record, are that the petitioner was appointed as a Class IV employee on 23.8.1980 in the Public Works Department. He was promoted to the post of Daftari in the pay scale of 315 -440 by order dated 30.12.1988 and he joined as Daftari on 4.1.1989. He was promoted as Junior Clerk in the pay scale of 950 -1500 by order dated 28.1.1994. It is stated that the petitioner had done his Prathama and Madhyma in the year 1991 and 1998 from the Hindi Sahitya Sammelan, Allahabad. It is also stated that these facts were never concealed by the petitioner and were well within the knowledge of the Department when he had submitted his testimonials. It is stated that he was also promoted as Junior Clerk in the pay scale of 950 -1500 by order dated 28.1.1994 and thereafter he was again promoted as Senior Assistant in the pay scale of 5200 -20,200 and also in the pay bank of 9300 -34,800 with grade pay of Rs. 2000/ - by order dated 27.12.2012. Thereafter he was promoted as Head Assistant by order dated 11.3.2015. It is stated that a show cause notice was issued to the petitioner on 15.10.2015 stating that he was not entitled for promotion as the certificates of Prathama and Madhyama were not equivalent to the High School or Intermediate. In paragraph 27 of the writ petition it is stated that by the impugned order the promotions granted to the petitioner on the post of Junior Clerk and above have been canceled.

(3.) Heard Shri Govind Kumar Singh, learned senior counsel assisted by Shri Grijesh Tiwari for the petitioner and Shri Vijay Kumar Singh, learned standing counsel for the respondents.