S.N. Sahay, J. - (1.) This is a writ petition for issuing a writ of mandamus to the opposite parties directing them to allow the petitioner to discharge the functions of the post of Chief Controller of Audit and Accounts in U.P. State Electricity Board with effect from April 1, 1992.
(2.) On April 30, 1984 the State Government issued an order under Section 5(2)(c) of the Electricity (Supply) Act, 1948 read with rule 16 of the U.P. State Electricity Board (Powers of Chairman and Terms and Conditions of Service of the Chairman and Members) Rules, 1967 and Section 21 General Clauses Act, 1897 appointing the petitioner as Member (Accounts) of the State Electricity Board from May 1, 1984 unit further orders. The petitioner held the post of Chief Controller of Audit and Accounts in the Electricity Board before the said appointment. By means of a subsequent G.O. dated January 17, 1990 the State Government terminated the appointment of the petitioner as Member (Accounts) with immediate effect. The petitioner challenged the order dated January 17, 1990 in writ petition no. 1786 of 1990 which was allowed on October 4, 1991 and the said order was quashed. The special leave petition filed against the judgment of this Court in the said writ petition was also dismissed on December 5, 1991. Pursuant to the said judgment the State Government issued a G.O. dated December 9, 1991 under the aforesaid provisions, appointing the petitioner as Member (Finance and Accounts) of the Electricity Board till March 31, 1992. On the expiry of the period of the said appointment the petitioner submitted a joining report on April 1, 1992 claiming that he is entitled to function as Chief Controller of Audit and Accounts.
(3.) It is urged on behalf of the petitioner that he has a lien on the post of Chief Controller of Audit and Accounts under the State Electricity Board and has a right to hold that post and discharge the functions of that post on ceasing to be Member (Finance and Accounts) of the Board. Certain facts are necessary to be stated for a proper appreciation of the contention of the petitioner. The petitioner was initially appointed as Controller of Banking Operations by the order of the State Electricity Board dated August 22, 1975 which reads as follows:- "Sanction is hereby accorded to the creation of a temporary post of Controller of Banking Operations in the scale of Rs. 1900-50-1950-75-2250. The incumbent of the post will also be entitled to dearness allowance and other allowances as per rule of the U.P. State Electricity Board in force from time to time. 2. Sri Brij Bhushan Jindal Son of Dr. Vishambhar Sahai is hereby temporarily appointed as Controller of Banking Operations with a starting salary of Rs. 2025/- in the scale of Rs. 1900-50-1950-75-2250/- sanctioned in para 1 above. Sri Jindal will get dearness allowance and other allowances as admissible to him under the U.P. State Electricity Board. Besides this a staff car with a driver will be provided to Sri Jindal for performing his official duties. 3. Sri Jindal will have to enter into a contract for serving the U.P. State Electricity Board for which action will be taken after his joining the above appointment.";