R.R.K.Trivedi - (1.) IN this writ petition, counter and rejoinder affidavits have been filed and the learned counsel for the petitioner and the respondents are agreed that the writ petition may be disposed of finally at the admission stage.
(2.) THIS writ petition has been filed by the petitioner challenging the order dated 8th August, 1988 by which he has been reverted from the post of Traffic Inspector Grade II to the post of Booking Clerk. The petitioner's case is that he was initially appointed as Booking Clerk on 23rd March, 1968 by the General Manager, Varanasi of the then U. P. State Roadways. In 1972, U. P. State Road Transport Corporation was constituted and along with the other employees, his services were transferred to the aforesaid Corporation and with effect from 1st June, 1972, he became its employee. Considering his meritorious record of service, the petitioner was promoted to the post of Traffic Inspector Grade II vide order dated 5th February, 1984, the order is Annexure 1 to the writ petition. By this order, the petitioner was promoted with effect from 8th June, 1983. Since then, he was continuing as Traffic Inspector Grade II. He was given excellent entries in his character roll and in the year 1986-87, he was given special appreciation certificate for performing excellent duties during Magh Mela at Allahabad. The seniority lists of Traffic Inspector Grade II were prepared by the Corporation and petitioner's name was mentioned at Serial No. 5 in the seniority lists prepared for the region, whereas in the seniority list prepared for the Eastern Zone, the petitioner has been shown at Serial No. 35. The aforesaid seniority lists have been filed as Annexures 2 and 3 respectively with the writ petition. However, by the Impugned order dated 8th August, 1988, the petitioner has been reverted illegally without giving opportunity of hearing. The impugned order has also been challenged on the ground that the same is violative of Articles 14 and 16 of the Constitution of India as the persons junior to him have been retained in service. The claim of the petitioner has been contested by the respondents by filing a counter affidavit. The case of the respondents is that the petitioner was promoted by mistake against which the representations were made by the other Booking Clerks. The petitioner was junior to several persons,.he has been reverted back on the basis of the representations made by the Booking Clerks senior to him. The impugned order has also been sought to be justified on" the ground that the petitioner was promoted on temporary basis with the condition that he will be reverted at any time without any show cause notice.
(3.) THE respondents also filed a supplementary counter affidavit dated 1st May, 1990 by which an attempt has been made to 1 establish that the post of Booking Clerk and Traffic Inspector Grade II are equivalent posts and the alary of both the posts is equal hence there is no redaction In rani by the Impugned order and the petitioner has been only assigned another duty. Certain circulars have also been filed in order to substantiate the allegation. The petitioner has filed rejoinder and supplementary rejoinder affidavits controverting allegations made by the respondents.;