N.K.Mehrotra, J. - (1.) Both the writ petitions relate to the promotion of the petitioner on the post of Assistant Director (Horticulture) in U.P. Avas Evam Vikas Parishad. Therefore, both these writ petitions are disposed of together by this judgment.
(2.) By means of Writ Petition No. 1570 (S/S) of 2002, the petitioner sought the relief by way of a writ in the nature of mandamus directing the opposite party Nos. 1 and 2 to send the name of the petitioner before the Departmental Promotion Committee scheduled to be held on 8.3.2002 for the promotion of the petitioner from the post of Horticulture Inspector to the Assistant Director (Horticulture) and to treat him senior to the opposite party No. 3 taking his ten years continuous service on the post of Horticulture Inspector and not to reject his candidature on the ground of non-completion of ten years service on the post of Horticulture Inspector in view of the decision of the opposite parties dated 18.4.2001 and 6.2.2002 in which the petitioner was declared senior most amongst of all the Horticulture Inspectors on the basis of the appointment made in the feeding cadre. On the basis of the interim orders of this Court in Writ Petition No. 1570 (S/S) of 2002 all the requisite papers relating to the petitioner were sent to the departmental promotion committee for considering his promotion but the departmental promotion committee did not consider him for promotion on the ground that he had not completed ten years requisite service on the post of Horticulture Inspector and the opposite party No. 3 who was junior to the petitioner was promoted.
(3.) After the promotion of the opposite party No. 3, the petitioner has filed Writ Petition No. 1953 (S/S) of 2003 for quashing the promotion order dated 25.1.2003 of Sri B.B. Tiwari, the opposite party No. 3 and for quashing the proceedings and recommendation of the Departmental Promotion Committee held on 20.1.2003. The petitioner also sought the relief by way of writ in the nature of mandamus directing the opposite parties to promote the petitioner on the post of Assistant Horticulture Director and to pay him salary in the promotional scale.;