DEVI PRASAD SINGH,J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THIS writ petition under Article 226 of the Constitution of India has been preferred against the impugned order dated 1.5.2007 by which the petitioner's representation has been rejected declining to grant the higher pay-scale in terms of Government Order dated 26th Sept., 1990 (Annexure-11 to the writ petition) on the ground that the petitioner has already retired from service. While he was in service, he was not a regular employee and attained the age of superannuation before receiving the recommendation of U.P. Public Service Commission (hereinafter referred to as "the Commission"). The Petitioner was initially appointed on the post of Junior Engineer (Civil) in the Irrigation Department and joined on the said post on 4th August, 1957. His services were approved by the Commission on the said post and confirmed from 1.1.1966. A seniority list was prepared in which the petitioner was placed at serial No. 595 and two other persons namely Jagdish Pradesh Saxena and Jagdish Prasad Gupta were placed at serial No. 618 and 615 respectively against the 25% vacancies falling within a quota of promotees in the cadre of Assistant Engineer (Civil). The petitioner was promoted on ad-hoc basis on 14.8.1989 (Annexure-3 to the writ petition).
(3.) KEEPING in view a length of satisfactory service of the petitioner, the petitioner was entitled for regularisation under the provision of The U.P. Regularisation of Ad-hoc Promotion (on posts within the purview of Public Service Commission) Rules 1988 (hereinafter referred to as "the Rule"). However, he could not be regularized under the Rule during the period of his employment. Petitioner attained the age of superannuation on 31.12.1994.;