S.H.A. Saza, J. - (1.) The petitioner, who was earlier appointed as permanent Stenographer and was promoted on ad hoc basis to the post of Senior Inspector of Account in the department of technical education by means of the order dated 27-3-1974 passed by Director (Tech. Education), being aggrieved against the order of transfer/reversion to the post of Stenographer, has invoked the jurisdiction of this Court under Article 226 of the Constitution of India challenging the order of reversion, mainly on two grounds ; Firstly that he possessed sufficient experience of accounts and after rendering ten years of services m Senior Inspector of Account, he cannot be reverted and Secondly that lie was reverted mainly on the ground that he did not possess prescribed qualification i.e. 2 years of experience in accounts hence he could not be reverted to this post of Stenographer after the lapse of ten years without showing cause against the said order.
(2.) The factual matrix as set out in the writ petition as well as counter -affidavit is that on 27-3-1974 Ssi Mangal Prasad, Director, Tech. Education, promoted the petitioner on ad hoc bass; to the post of Senior Inspector of Accounts till the regular appointment is made by public Services Commission. At the relevant time, the scale of Stenographers as well as inspector of Accounts was similar.
(3.) It seems that after coming into force of U.P. Regulation of ad hoc appointment (On posts within the purview of Public Service Commission) Rules, 1979, the petitioner applied for regularisation: of Ms services 011 the post of Senior Inspector of Account On 19-1-1981 Dy. Director (Technical Education) Sri B.D. Awle, on behalf of the director, addressed a letter to the Secretary, Ministry of Tech. Education regarding the regularisation of the petitioners services. In the letter it was indicated that the petitioner was earlier appointed as Stenographer in the scale of Rs. 300-500. On 27-3-1974 he was promoted on ad hoc basis to the post of Senior Inspector of Account. Since 1974, Public Services Commission twice selected two persons Sarwashri Surjit Singh and Nanjit Singh on the post of Senior Inspector of Account. But, neither the petitioner appeared before the Public Services Commission, nor the Commission found him fit. It was also indicated that at the relevant time, it was a direct recruit post, but the petitioner was appointed without open selection.;