- (1.) These two writ petitions have been filed by the same Petitioner practically for the same relief and, therefore, both the writ petitions have been clubbed together and are being decided under this common judgment. Facts in short giving rise to the present writ petition are as follows:
(2.) Petitioner before this Court was appointed on 31.12.1979 as Accounts Clerk in U.P. Paschimi Kshetriya Vikas Nigam Limited, Bareilly. With the closure of the said corporation, the Petitioner was absorbed under an order of the High Court dated 30.9.1992 as Assistant Accountant in the Collectorate at Pilibhit vide order dated 26.2.1994.
(3.) On the recommendation of the Samta Samiti, 1989, the Government of Uttar Pradesh took a decision to adjust the cadre strength of the posts of Accountants and Assistant Accountants in Government Treasury in various districts throughout the State of Uttar Pradesh in the ratio of 80:20.ln terms of the said decision, it was decided that the increased posts of Accountants after such revision of cadre strength shall be filled in the accordance with the statutory Rules applicable including Government Orders pertaining to the method of appointment on the post in question. It was specifically provided that the appointments may be made on the post of Accountant from those who have worked as Assistant Accountant for at least 3 years. The mode and manner of appointment as Accountant after such fixation of cadre strength in the ratio of i.e. 80:20 was detailed under the Government Order dated 18.6.1999. Certain queries were made, therefore, a clarification was issued under the Government Order dated 25.5.2000. The Government Order dated 25.5.2000 which is on record of the present writ petition provides as follows: (A) Appointment on the post of Accountant shall be made as per the Statutory Rules and the Government Orders applicable qua appointment on the post of Accountant. (B) The total number of post as existing on 31.3.1989 alone shall be taken into consideration for the purpose of fixing the ratio of 80:20. (C) An Assistant Accountant who completed three years of service would be entitled to be appointed as Accountant. (D) Such method of appointment shall also apply to Assistant Accountant who complete three years of regular service on a date subsequent to the Government Order dated 31.3.1989.;