S.K.Singh, J. - (1.) By means of this writ petition, the petitioner has prayed for quashing of the Resolution No. 18 passed by the Cantonment Board, Varanasi (hereinafter referred to as the Board) in its meeting date 18.12.2002 and also the consequential dated 19.12.2002 issued by then Executive Officer, Cantonment Board, Varanasi (Annexures 20 to 22 to the writ petition). A further prayer has been made that the respondents be restrained from interfering in the functioning of the petitioner as Accountant in the Board.
(2.) At the time of filing of the writ petition itself, all the respondents appeared and they took time to file counter-affidavit. On filing counter-affidavit, learned Counsel for the petitioner made statement that he do not propose to file any rejoinder affidavit and the matter may be heard and decided, upon which, arguments were heard and as prayed, it is being decided.
(3.) Brief facts, for the purpose of decision can be summarised. The petitioner was initially appointed as Junior Clerk in the Board on temporary basis for a period of six months by appointment dated 27.7.1984 and thereafter, he was confirmed on the aforesaid post by the dated 16.8.1986. It is claimed that on account of voluminous work in the accounts of the Board and there being no proper arrangement for its disposal, the authorities desired, some senior employee to undertake the aforesaid work and as senior employees to the petitioner did not accept that request and declined to discharge any such function, the petitioner has given consent for doing the work in the accounts and thus by of the Executive Officer dated 22.9.1999, the petitioner was directed to take over the work pertaining to the accounts . It is claimed that as the petitioner satisfactorily worked in the accounts of the Board and brought the work up to date, a recommendation was made by the Office Superintendent by note dated 5.7.2001 (Annexure 7 to the writ petition) for regular/permanent appointment of the petitioner as Accountant. It is claimed that the respondent No. 4 to 6 declined to undertake the work of Accountant as is mentioned in the note dated 5.7.2001 and thus the aforesaid proposal/recommendation in favour of the petitioner came in the meeting of the Board dated 10.7.2001 and a resolution was passed to that effect, pursuant to which respondent No. 3/Executive Officer issued appointment/ promotion for the post of Accountant in favour of the petitioner. It is stated that it is on 26.7.2002, two s were passed by respondent No. 3 by which the respondent No. 4 was granted promotion on the post of Accountant in place of the petitioner and simultaneously the petitioner was directed to hand over the charge to respondent No. 4. Simultaneously, an was issued on that very date directing the revision of the petitioner from the post of Accountant to the post of Junior Clerk. The aforesaid dated 26.7.2002 was challenged by the petitioner before this Court by filing Writ Petition No. 31817 of 2002, which was allowed by this Court by its judgment dated 9.8.2002 and the dated 26.7.2002 passed by respondent No. 3 was quashed on the ground that the was passed in violation of the principle of natural justice. It was directed that proper show cause notice should be given to the petitioner and after an opportunity, decision afresh may be taken. It appears that pursuant to the decision of this Court, a show-cause notice dated 11.11.2002 was issued to the petitioner calling upon him to submit his reply. The reply was submitted and it is thereafter, the matter was considered by the Board in its meeting dated 18.12.2002 and vide Resolution No. 18, the Board resolved that the petitioner is not entitled to be continue on he post of Accountant and thus it was decided that he has to reverted on the post of Junior Clerk and it was resolved that the respondent No. 4 be promoted on the post of Accountant and respondent No. 6 be promoted on the post of Senior Clerk as per the seniority list. Pursuant to the aforesaid resolution of the Board dated 18.12.2002, respondent No. 3 issued two s on 19.12.2002 directing reversion of the petitioner on the post of Junior Clerk and promotion of respondents No. 4 and 6 on the post of Accountant and Senior Clerk respectively. It is thus, the petitioner being aggrieved with the resolution of the Board dated 18.12.2002 and consequential s of respondent No. 3 dated 19.12.2002, has come to this Court.;