- (1.) SHRI Ashok Kumar Singh, the Petitioner was heard in person. Dr. H.N. Tripathi appears for the Respondents.
(2.) THE Petitioner was appointed after advertisement and selection in the year 1983 by the Chairman, U.P. Pollution Control Board as Legal Assistant in the pay scale of Rs. 350 -700/ - vide appointment order dated 16.5.1983. He was promoted as Law Officer -II w.e.f. 23.1.1996. By this writ petition the Petitioner has prayed to quash the order dated 16.1.2003 passed by the Chairman, U.P. Pollution Control Board, Lucknow and for a direction to treat him as senior to Shri Surya Nath Pandey - Respondent No. 4 serving as Law Officer -I and posted at Head Office of the Board at Lucknow. The Petitioner has also prayed for a direction to grant him promotion as Law Officer -II w.e.f. 30.3.1989 and Law Officer -I w.e.f. 23.1.1996, when Shri Surya Nath Pandey, a person junior to the Petitioner was promoted. By an amendment application, allowed on 10.5.2006 by the Court, the Petitioner has prayed for quashing the order dated 10.11.2004 issued by the Chairman, U.P. Pollution Control Board promoting Shri Surya Nath Pandey as Chief Law Officer of the Board and to give him promotion as Chief Law Officer with effect from the date Shri Surya Nath Pandey was allowed promotion.
(3.) IT is submitted by the Petitioner that whereas he was appointed after advertisement and selections as Law Assistant on 16.5.1983, Shri Surya Nath Pandey -Respondent No. 4 was appointed as Legal Assistant on ad hoc basis on 3.11.1977, and continued in ad hoc capacity, until he was regularised under Rule 4 (1) of the U.P. Regularisation of Ad hoc Appointment (On the Posts Outside the Purview of the Public Service Commission) Rules, 1979. The seniority of Shri Surya Nath Pandey under Rule 7 has to be treated as below the persons appointed regularly in accordance with the relevant service rules, or as the case may be the regular prescribed procedure. Since Shri Surya Nath Pandey was regularised on the recommendation of the Selection Committee dated 4.1.1989 under the Rules of 1979 as amended in 1984. He is thus junior in service to the Petitioner.;