S.N. Sahay, J. - (1.) The short question which has been raised for determination in this writ petition is whether denial of special grade to the petitioner from the date of promotion to his juniors, is illegal, unconstitutional and unjustified.
(2.) The petitioner joined the U.P. Civil Service (Executive Branch) in 1978. On September 8, 1986 an adverse entry was given to the petitioner in connection with his work, while ho was posted as Deputy Director (Consolidation) at Ghaziabad during the year 1981-82 The adverse entry was later on expunged and a censure entry was awarded to the petitioner which was substituted by a warning. Due to this, the petitioner could not be promoted and instead his juniors were promoted to the next higher post. The petitioner felt aggrieved and filed Writ Petition No. 9834 of 1987. The said writ petition was disposed of finally by this Court on October 19, 1989 as follows : "In view of what we have indicated hereinabove, the opposite parties are directed to consider the case of the petitioner for promotion to the next higher post from the date his juniors were promoted ignoring the warning contained in Annexure-7 to the writ petition. The opposite parties will also consider the case of the petitioner for expunction of the warning contained in Annexure-7 to the writ petition in view of whit has been stated above. The promotion matter be considered in the light of observations made above "
(3.) In compliance with the aforesaid directions the petitioners case for promotion was considered by a Selection Committee on August 18, 1990. The Selection Committee found the petitioner to be unsuitable for promotion with effect from October 16, 1984 when his juniors were promoted. The reasons f-v not promoting the petitioner from the date of promotion of his junior may best be described in the words of Smt. Neera Yadav, the then Appointment Secretary,who has filed a personal affidavit in pursuance of the Courts directive contained in the order dated August 11, 1992. It is stated in Para 4 of the affidavit as follows : "That the Selection Committee considered the merit of the petitioner in tin same manner in which the merit of other candidates were considered earlier for the same respective dates ignoring the adverse entries including the warnings awarded for the year l981-82, 1982-83 and found the petitioner unsuitable for promotion w.e.f. 29 9-1984, 19-11-1985 and 18-6-1987. It is significant to mention here that the selection for special grade for P.C.S. was held strictly on the basis of merit of other candidates who were considered earlier for promotion w.e.f. 29-9-1984, l9-11-1985 and 18-6-1987 were also seen and compared with the petitioner's merit and then the Selection Committee reached at the conclusion that the petitioner was not suitable for promotion w.e.f. the above mentioned dates. It is significant to mention here that in the selection dated 29-9-1984, 19-11-1985; and 18-6-1986 comparative service record of other officers were better than the petitioner, so petitioner could not be selected In subsequent selection on dated 23-4-1988, on account of his improvement petitioner was selected for promotion in special grade of P.C.S It is also necessary to point out here that the entries of the petitioner for the years 1981-82 and 1982-83 were treated as existence by the Selection Committee on 18-8-1990.";