R.B. Mehrotra, J. - (1.) The abovementioned two writ petitions, filed under Article226 of the Constitution of India, have been heard together with the consent of the parties, as some overlapping questions arise in the two writ petitions. However, the two writ petitions are being dealt with separately.
(2.) In Writ Petition No. 25786 of 1990, the petitioner namely, Ashok Kumar Bajpai has challenged the order dated September 25, 1990, reverting the petitioner from the temporary post of Stenographer in the grade of Rs. 1200-2040 to the post of Junior Clerk in the grade of Rs. 950-1500 mainly on the ground that the said order has been passed by way of punishment without holding any departmental enquiry against him and without affording him proper opportunity to defend himself. The facts in brief are as under.
(3.) The petitioner was inlially appointed as Junior Clerk as a general candidate by the Additional Labour Commissioner, U.P. Kanpur Region on June 28, 1984, against a substantive vacancy in the grade of Rs. 354-550. It seems that later on the grade has been revised to Rs. 950-1500, but revision of grade is wholly immaterial for the purpose of decision of the case. Thereafter some posts of Stenographer fell vacant under the control of Additional Labour Commissioner, U.P. Kanpur Region and applications were invited from the persons, working in the department and a Departmental Selection Committee was constituted. The petitioner appeared before the Departmental Selection Committee and a list was prepared of 10 successful candidates. The petitioner was placed at SI. No. 6. However only three posts were required to be filled. The petitioner was appointed as third incumbent on the basis that one post is reserved for ex-serviceman, and the petitioner being an ex-serviceman, was selected for the third post. The appointment of the petitioner to the post of Stenographer was made on temporary basis against a substantive vacancy. The vacancy was caused, as Sri Shyam Narain Dixit, Stenographer was promoted in the Head Quarters as Stenographer in the higher grade and on his vacancy the petitioner was temporarily appointed, subject to tine condition that the petitioner shall be reverted back to his original post, if the original incumbent comes back to his original post. It was stated in the appointment letter of the petitioner dated March 20, 1989 that the petitioner is being appointed as a selected candidate, being an ex-servicemen. However, the petitioner was subsequently reverted back to his original post by an order September 25, 1990. The order of reversion dated September 25, 1990 has been filed as Annexure-2 to the writ petition. The said order has been passed by the Additional Labour Commissioner, U.P. Kanpur Region, Kanpur. In the said order, it has been stated that in pursuance of the letter of the Government dated September 17, 1990 and the letter of the Labour Commissioner, U.P. dated September 24, 1990, the petitioner (temporary Stenographer) is reverted to his original post of Junior Clerk with immediate effect. In his writ petition, the petitioner has stated that the said order is wholly arbitrary and has been passed without affording any opportunity of hearing to the petitioner, neither any show cause notice has been served before passing of the said order. It is also stated that the said order has been passed in violation of Article 311 (2) of the Constitution of India, as it reduces petitioner's rank, without affording opportunity to him.;