- (1.) HEARD Mr.Rakesh Kumar Srivastava, learned counsel for the petitioner as well as learned Standing Counsel.
(2.) THE petitioner has prayed for grant of notional promotion to the post of Assistant Development Officer (Panchayat) w.e.f. 5.7.1979 i.e. the date of promotion of his juniors in the light of the orders passed by this court in writ petition No.2160 (SS) of 2009 and writ petition No.6704 (SS) of 1997.
(3.) THE learned counsel for the petitioner submits that the petitioner was appointed on the post of Panchayat Secretary/Gram Panchayat Adhikari on 13.10.1969. He further submits that on the basis of petitioner's continuous satisfactory service, he was granted benefit of Selection Grade, first promotional pay scale and second promotional pay scale on the due dates. It is stated that the next promotional post of the Gram Panchayat Adhikari is Assistant Development Officer (Panchayat) and the criteria for promotion is seniority subject to rejection of unfit. The service conditions of Assistant Development Officer (Panchayat) are governed under the Uttar Pradesh Assistant Development Officer (Panchayat -cum -Social Education) Service Rules, 1989. It is stated that by means of order dated 2.9.2002 the petitioner was promoted to the post of Assistant Development Officer alongwith several other persons. He also retired from the said post on 31.12.2007 after attaining the age of superannuation. It is further stated that the Director, Panchayat Raj, State of U.P. vide order dated 23.3.2010 has granted notional promotion to one Shri Ram Bahadur Singh, retired Assistant Development Officer (Panchayat) w.e.f. the promotion of his juniors i.e. 5.7.1979, pursuant to the order dated 16.4.2009 passed in writ petition No.2160 (SS) of 2009. The learned counsel for the petitioner submits that the petitioner's name finds place at Sl.No.3095 in the seniority list, whereas S/Shri Shiv Prasad Sriwas and Dharm Pal Singh are placed at Sl.No.4305 and 4503 respectively. Thus, admittedly they are juniors to the petitioner and further Mr.Ram Bahadur Singh is also junior to the petitioner as his name is placed at Sl.No.3691 in the seniority list.;