- (1.) Heard learned counsel for the parties and perused the record.
(2.) The petitioner has approached this Court with the prayer for inclusion of his name in the final seniority list of the officers of the U.P. Nyayik Sewa, which was finalised in the year 2011 and to restore back his position in the said seniority list, in between Mr. Vijai Kumar Khatri and Mr. R.K. Tripathi, the other officers of his batch, whose names find place in the said seniority list at Serial No. 500 and 501.
(3.) The petitioner was initially appointed as Munsif in the U.P. Nyayik Sewa on 26.01.1980. He was promoted on officiating basis under Rule 22(3) of the UPHJS Rules vide notification dated 21.06.1999 and at the time of his officiating promotion he was placed in between Mr. Vijai Kumar Khatri and Mr. R.K. Tripathi, who belong to his batch, which is known as 1977 Batch of U.P. Nyayik Sewa. In the year 2001-2002, he was given an adverse entry which is under:- "Disposal of work is hopelessly in adequate as against 179 actual working days, he gave work of 93.42 days which works out to 51.93%. It is almost 50% of the prescribed standard. The reason of ailment assigned by the Officer cannot justify such dismal disposal, as such Officer is required to at least give minimum work as per the standard prescribed by this Court. His judgments are of average quality. On over all assessment, the merit of the Officer is reckoned to the poor because of abysmal performance of work. In the absence of verifiable complaints during the relevant period, integrity certified.";