- (1.) HEARD Sri K.S. Rathore, learned Counsel for the Respondent -Appellant. Sri G.H. Singh Gautam appears for the Petitioner -Respondent No. 1. Sri S.S. Yadav, appears for the President Zila Panchayat, Chandauli. Learned standing counsel appears for the State -Respondents.
(2.) THIS special appeal arises out of the judgment of Learned Single Judge dated 12.03.2007, by which he has quashed the orders dated 30.06.2000 and 29.08.2001, promoting the Respondent on the post of Clerk giving preference over the Petitioner, by the Selection Committee on the criteria of seniority -cum -fitness under U.P. Zila Parishad Service Rules, 1970. The Learned Single Judge found that the two grounds taken by the Selection Committee, namely that the Petitioner does not possess knowledge of typing and that the Petitioner was not paid his salary from 30th May, 1990 to 28th April, 1997, were not sufficient to reject his candidature for promotion. It was held that there is no requirement of knowledge of typing in the Rules, and none of the counsels could point out any such requirement under any rules. With regard to the period for which the Petitioner was under suspension it was found that a criminal case was lodged against him, which resulted in his acquittal by order dated 28.04.1997, after which the Petitioner was reinstated with full back wages. On the objection raised by Respondent No. 4, that the Petitioner was more than 45 years of age, the Learned Single Judge found that the Government Order dated 21.08.1976, was not applicable to the local bodies, like the Zila Parishads.
(3.) RULE 26 of the U.P. Zila Parishads Service Rules, 1970 provides as follows: 26. Appointments by promotion. - Appointments by promotion shall be made by the Head of the Department in consultation with the Mukhya Adhikari on the basis of seniority -cum fitness from amongst all the eligible servants of the Zila Parishad who have put in the required length of service on the first day of January of the year in which the selection is made. If in making an appointment a senior servant is superseded, the grounds for suppression shall be recorded by the appointing authority.;