M.Katju, J. - (1.) The petitioner was appointed as Bus Conductor in the service of the erstwhile U.P. Government Roadways on September 8, 1958, and after creation of the U.P. State Road Transport Corporation the service of the petitioner was transferred to the Corporation in 1972. The petitioner has alleged that he was confirmed on April 1, 1972. In 1985 it is alleged that he was carrying 10 passengers without tickets, and consequently, he was charge-sheeted and after enquiry he was given a minor punishment by the order dated October 31, 1985 (Annexure 2 to the writ petition). By this order he was given the punishment of withholding of five annual increments without future effect.
(2.) On June 6, 1986 a seniority list was published in which petitioner's name was at Serial No. 2 vide Annexure-3 to the writ petition. However, the petitioner was not promoted to the post of Junior Clerk when the promotion list was issued on April 27, 1987 (Annexure-4 to the writ petition), 39 persons junior to the petitioner were promoted. The petitioner, consequently, made a representation dated February 24, 1988 (Annexure-5 to the writ petition) but to no avail.
(3.) Thereafter another promotion list was issued on August 12, 1988 (Annexure-6 to the petition,) and again the petitioner was not promoted while 10 persons junior to him were promoted.;