G.P.MATHUR, J. - (1.) THE challenge herein is an order dated 29 -6 -2002 passed by the State Government by which the petitioner who was posted as Chief Veterniary Officer has been transferred as Chief Technical Officer (Poultry), Kanpur.
(2.) SRI Ashok Khare learned Senior Advocate has submitted that the State Government had issued a Government order on 4 -5 -1988 laying down the procedure for posting of members of U.P. Pasu Chikitsa Seva Class II. According to this Government Order, the senior -most officer will be posted as Zila Pasu Dhan Adhikari while comparatively junior officer will be posted as Pariyojana Adhikari, Kukkut Kshetra Prabandhak. By a subsequent Government Order dated 29 -4 -1991, the designations of various posts have been changed and Zila Pasu Dhan Adhikari has became Chief Veterinary Officer and Kukkut Vikas Adhikari has become Chief Technical Officer (Poultry). Thus according to the learned Counsel, the senior -most person has to be posted as Chief Veterinary Officer and a junior officer has to be posted as Chief Technical Officer (Poultry). Learned Counsel has further submitted that currently Dr. R.P. Sachan is posted as Chief Veterinary Officer, Kanpur and he is junior to the petitioner as his name is at serial number No. 799 while the name of the petitioner is at serial No. 732 in the seniority list. It is thus submitted that the transfer of the petitioner as Chief Technical Officer (Poultry), Kanpur is illegal as a person junior to him is working there as Chief Veterinary Officer. The State has filed a counter -affidavit wherein it is averred that the Governor of U.P. exercising powers under proviso to Article 309 of the Constitution has framed Rules on 9 -7 -1998 known as U.P. Pasu Chikitsa (Samooha Kha) Seva Niyamawali, 1998 and it is clearly mentioned therein that the Rules are being framed in supersession of all previous rules and Government Orders. Rule 2 provides that there will be a service known as Uttar Pradesh Pasu Chikitsa (Samooha Kha) Seva which consists of all posts of Class B level. The substantive post is that of Veterinary Officer. Sub -rule (2) of Rule 5 provides that the post of Chief Technical Officer and Chief Veterinary Officer shall be filled in by transfer of Veterinary Officers on the basis of seniority. The schedule to the Rule gives the cadre strength of Veterinary Officer, Chief Technical Officer and Chief Veterinary Officer and also their pay scale. The pay scale of all the three posts is exactly the same namely Rs. 8000 -275 -13500. Learned Standing Counsel has submitted that the substantive post is that of the Veterinary Officer and only senior members thereof are appointed as either Chief Veterinary Officer or Chief Technical Officer by transfer and they are all in the same pay scale and therefore, it cannot be held that a Chief Veterinary Officer is in any way senior to a Chief Technical Officer.
(3.) IN our opinion, the contention raised on the basis of the Government Order dated 4 -5 -1988 which lays down that the senior -most officer shall be posted as Chief Veterinary Officer and a junior officer will be posted as Chief Technical Officer (Poultry) can have no application now in view of the clear recital in the rules to the effect that same have been framed in suppression of all previous Government Orders and the rules made in this regard. There is no dispute that the services of the petitioner are now governed by Uttar Pradesh Pasu Chikitsa (Samooha Kha) Seva Niyamawali, 1988. He, therefore, cannot take any support from the Government Order dated 4 -5 -1988 in order to contend that senior -most Veterinary Officer should be posted as Chief Veterinary Officer and a junior officer could be posted as Chief Technical Officer. The rules do not make any such distinction now. In terms of the rules, the substantive post of all the members of the service is that of Veterinary Officer. Rule 5 (2) only provides that the posts of Chief Veterinary Officer and Chief Technical Officer shall be filled in from amongst Veterinary Officers by transfer made on the basis of seniority. The only effect of this provision is that senior Veterinary Officers will hold the post of Chief Veterinary Officer or Chief Technical Officer but everyone is in the same pay scale. Therefore, the contention that in the same station, the senior member shall be posted as Chief Veterinary Officer and junior member will be posted as Chief Technical Officer (Poultry), cannot be accepted. The transfer order, therefore, cannot be challenged on that ground.;