Sunil Ambwani, J. - (1.) The petitioner was appointed on 1.8.1963 as Assistant Cane Protection Inspector (Grade 2) through the selections held by U. P. Public Services Commission on 28.8.1966. He was promoted as Cane Protection Inspector (Grade-1) and Joined at Lakhimpur Kheri. The gradation list did not include the name of petitioner and other promoted officers. One Sri Dina Nath filed a Claim Petition No. 334 (T/111/78) before U. P. Public Services Tribunal at Lucknow challenging the gradation list, prepared in pursuance of Government order dated 25.6.1975 and claimed that the seniority list should be prepared on the basis of date of substantive appointment in the grade.
(2.) The U. P. Public Services Tribunal by its judgment dated 8.11.1985 found that at the time of their appointments, there were no service rules and set aside the seniority list dated 12.1.1977 prepared on the basis of the date of confirmation and held that the date of original appointment, taking into consideration the continuous offinciation shall be treated to be the basis of determination of seniority. In compliance with the order, a tentative gradation list dated 5.11.1986 was prepared in which on the basis of date of joining the petitioner was placed at Sl. No. 74. The petitioner filed objections for correction of the wrong date of joining. These objections dated 18.11.1986 and other objections were finally decided and a final gradation list was prepared on 4.3.1987 in which the petitioner's name was placed at Sl. No. 35 showing his date of joining as 28.8.1968.
(3.) This seniority list dated 4.3.1987 was cancelled on 19.3.1988 and that another tentative gradation list was issued on 19.3.1988 showing the petitioner at Sl. No. 36 and on the basis of this list the petitioner along with 8 other persons were promoted as Beej Utpadan Adhikari. District Kheri in Class 2 and was transferred on 5.5.1988 to District Ballia as District Cane Officer, Headquarter Rasra, district Ballia. The petitioner took charge at Rasra district Ballia on 12.5.1988. The gradation list was again cancelled on the ground that Public Services Commission had sent a list of approved officers on the basis of Rule 21 (1), (2) and (3) of U. P. Subordinate Cane (Grade-1 and II (General) Services Rules, 1979. Once again objections were filed by the petitioner and other officers on the basis of the order issued by the U. P. Public Services Tribunal, which had become final and that the officers were promoted on the basis of gradation list dated 1.8.1988 and were in service for 23 years, for preparation of the gradation list on the basis of date of joining.;