SABHAJEET SINGH Vs. STATE OF U P
LAWS(ALL)-2003-7-108
HIGH COURT OF ALLAHABAD
Decided on July 16,2003

SABHAJEET SINGH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the records. This petition has been filed challenging the order dated 17-12-1999, 15-1-2001 and 7-3-2001 passed by the Finance Controller.
(2.) IT is alleged that the petitioner was selected and appointed as Assistant Accountant on 11-11-1986 in the pay-scale of Rs. 470-735. The petitioner joined on 13-11-1986 in accordance with the Government order dated 7-8-1986, which came into force w. e. f. 14-11-1986. The petitioner was selected on the post of Accountant and was recommended by the Selection Committee in its decision dated 27-2-1987. Subsequently the petitioner was appointed by the Financial controller of Basic Shiksha Parishad on 25-3- 1987 and since then the petitioner is continuously working. It is alleged that the petitioner was illegally reverted by the order dated 30-12-1988. However, the said order was stayed by the Lucknow Bench of this Court in Writ Petition No. 164 of 1989. Subsequently in Special Appeal No. 87 of 1996, State Government issued another Government order dated 4-8-1998 by which the Assistant Accountant who are working for about 3 years entitled for promotion as Accountant. It was further alleged that after dismissal of the special appeal on 21-8-1999 the Financial Controller reverted the petitioner in an arbitrary manner on 17-12-1999 and subsequently, the petitioner's seniority was also not maintained and the petitioner has been placed alongwith Assistant Accountant who were appointed in 1997 and on the other facts contained in the writ petition.
(3.) THEREAFTER a seniority list dated 15-1-2001 was prepared treating the petitioner as Assistant Accountant and he was transferred to Fatehpur by order dated 7-3-2001. All these orders of reversion dated 17-12-1999 reverting the petitioner, seniority list dated 15-1-2001 treating the petitioner as Junior Assistant Accountant and order of transfer dated 7-3-2001 are challenged in this petition which are annexed as Annexure No. 10, 13 and 14. It is contended that the petitioner was working as Accountant after his appointment vide order dated 25-3-1987. A list of Assistant Accountant was prepared on 2-5-1997 and 9-3-1999. In the said seniority list the petitioner was not shown although according to the appointment as Assistant Accountant w. e. f. 13-11-1986 his name ought to have appeared in between Hasmuddin Khan, Serial No. 9 and Dinesh Kumar Serial No. 10. The seniority list has been annexed as Annexure No. 11 to the writ petition.;


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