SURESH CHANDRA SHARMA Vs. STATE OF UTTAR PRADESH AND OTHERS
LAWS(ALL)-1991-8-112
HIGH COURT OF ALLAHABAD
Decided on August 07,1991

SURESH CHANDRA SHARMA Appellant
VERSUS
State of Uttar Pradesh and others Respondents

JUDGEMENT

S.H.A.Raza, J. - (1.) The petitioner on 24-6-1964 who was appointed as Upper Division Assistant in U. P. Civil Secretariat Ministerial Service and on 23-12-1980 promoted to the post of Section Officer only on ad-hoc basis, invoked the jurisdiction of this Court under Article 226 of the Constitution of India by filing the aforesaid to writ petitions. In Writ Petition No. 96 of 1980 the petitioner prayed for the grant of following reliefs : I. A writ, order or direction, directing the opposite party No. 1 and 2 to bring up the record of the selection, held in the year 1980, for promotion to the post of Section Officer and to declare the result of the petitioner containing the result, without adverse remarks, pertaining to the year 1973-74 and i976-77 which have been quashed by the Public Services Tribunal tide its judgment and order dated 6-7-1989 passed in the Claim Petition No. 147/V/83 ; II. A writ, order or direction in the nature of Mandamus to confirm the petitioner against permanent vacancy of Section Officer which has been kept in reserve against SI. No. 154 in the order dated 3-11-1980 as contained in Annexme-3A to the C. A. dated 11-9-1981 with effect from the date his junior Sri T. B. Khare was made permanent on the post of Section Officer after computing of services rendered on ad-hoc basis as Section Officer towards probation. III. A writ, order or direction commanding the opposite party No. 1 to sanction all consequential financial and all other benefits including sanction of selection grade with effect from the date his junior Sri T. B. Khare was sanctioned selection grade as Section Officer. IV. A writ, order or direction commanding the opposite party No. 1 to promote the petitioner to the post of Under Secretary with effect from the date i. e. on 5-4-1934 his junior Sri T. B. Khare was promoted to the post of Under Secretary. V. A writ, order or direction in the nature of mandamus against the opposite party No. 1 to direct the Secretary, Medical and Health Department to pay the petitioner all the outstanding salary, allowances as well as the revised pay and allowances including events subsequent to the upgrading and revision of pay scale of Section Officer w. e. f. 1-12-1985 and 1-1-1986 respectively together with interest at the rate of 12 per cent per annum from the date of payment with held till the date of actual payment thereof to him. In Writ Petition No. 3093 of 1979 the petitioner prayed for the grant of the following reliefs : I. A writ in the nature of Certiorari quashing the annexures-XV and XVJ and XVUI after summoning its original from, the opposite parties No. 1 and 2 ; II. That by a writ in the nature of mandamus the opposite party No. 1 be commanded to make a regular appointment in accordance with the law on the post of Section Officer. III. That by an appropriate writ, order or direction the opposite party be further commanded to promote the petitioner on the post of Section Officer. IV. That by an appropriate writ, order or direction the opposite party No. 1 be also commanded to treat the petitioner to be promoted as Section Officer on ad-hoc basis as on the date i. e. June, 1979 on which his immediate junior Sn Tej Bahadur Khare, opposite party No. 8 was promoted as Section Officer on ad-hoc basis. V. That by an appropriate writ, order of direction the opposite party No. 1 be further commanded to sanction all consequential financial and other benefits including the striking down the adverse part of the aforesaid entries for i9'3-74 and 1976-77 and computing of services rendered on ad-hoc basis as Section Officer towards probation for confirmation on the post of Section Officer on the date on which his immediate junior Sri Tej Bahadur Khare opposite party No. 8 was confirmed as Section Officer, as if the petitioner has not been superseded in the matter of promotion as Section Officer on ad-hoc basis in the Selection held in the month of May, 1979.
(2.) The annexure sought to be quashed relate to the appointment of his juniors to the pest of Section Officer.
(3.) As in both the writ petitions the reliefs claimed are more or less identical and the same where heard together they are disposed by a common judgment.;


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