M.KATJU, POONAM SRIVASTAVA, JJ. - (1.) This special appeal has been filed against the judgment and order dated October 13, 2003 passed by the learned single Judge in Civil Misc. Writ Petition No. 32447 of 1992, Babu Lai Shukla v. Secretary-cum-General Manager, District Co-operative Bank Ltd., Allahabad and others.
(2.) The appellant was working as Peon-cum-Guard as a class IV employee in District Co-operative Bank Ltd., Allahabad (hereinafter referred to as the Bank) since 1/06/1992. Initially his academic qualification was only class 8th but later he passed High School Examination in second division in 1987. The writ petition was filed by the petitioner for his claim of promotion to class III post which was denied by order dated 20/02/1992 on the ground that he did not possess the minimum educational qualification as he was only High School passed whereas the requirement was intermediate. The contention of the appellant is that his seniority upto 1991 was shown at serial No. 39 but subsequently in the seniority list which was published on 9/05/1991 the petitioner was placed at serial No. 42. The grievance of the appellant-petitioner was that the concerned authority promoted some persons who were junior to the petitioner, whereas the petitioner was denied his claim. He filed a representation on 29/10/1991 but he was not given his due promotion and was informed that the requisite qualification for promotion in class III post was intermediate and hence he is not eligible for consideration for promotion to class III.
(3.) Regulation 27 of the U.P. Co-operative Societies Employees Service Regulations, 1975 (hereinafter referred to as the Regulations 1975) framed under Section 122 of the U.P. Co- operative Societies Act, 1965 (hereinafter referred to as the Act) prescribed the minimum qualification of five years' continuous service and High School from the U.P. Intermediate Board or any other equivalent examination for appointment in a class III post. The contention of the contesting respondents was that in exercise of power under Section 120 of the Act, the Registrar, Co-operative Societies had enhanced the minimum qualification from High School to intermediate or any other equivalent examination, and since the petitioner did not possess Intermediate qualification, his claim for promotion to class III post could not be considered.;