- (1.) HEARD learned counsel for the parties and perused the record.
(2.) THE petitioner has filed this writ petition for the following reliefs. i.A writ, order or direction in the nature of certiorari quashing the office order dated 10.1.2007 issued by the State Government ( Annexure -11 to the writ petition). ii.A writ, order or direction of suitable nature commanding the respondents to re -fix the seniority of the petitioner and to include the same amongst the direct recuits of the 1988 batch of recruitment in accordance with the merit position assigned by the Public Service Commission in the said batch and treating the date of substantive appointment of the petitioner as 30.1.1991 within a period to be specified by this Hon'ble Court. iii.A writ, order or direction of suitable nature commanding the respondents to sanction all consequential benefits of the aforesaid re -fixation of seniority to the petitioner. iv.A writ/writs, and/ or to pass such other and further order as this Hon'ble Court may deem fit and proper. v.Award costs of the petition to the petitioner."
(3.) THE facts culled out from the record in a nut -shell are that the petitioner appeared in Combined State Service Examination, 1988 conducted by the Public Service Commission, U.P., Allahabad for the post of Regional Audit Officer, Cooperative Societies and Panchayat. He was selected and offered appointment vide letter dated 30.1.1991 directing him to join his duties on probation for a period of two years. Instead of joining the service the petitioner sought leave on account of illness of his father. The State Government rejected his application for leave as well as candidature for the post of Regional Audit Officer vide order dated 19.2.1992 for not joining the service. Aggrieved, the petitioner preferred Civil Misc. Writ Petition No. 34926 of 1993, Gautam Chatterjee versus State of U.P. and others, which was decided vide judgment and order dated 20.5.1997 leaving it open for him to make a representation in respect of his grievance within a period of three weeks from the date of the order to the Secretary (Personnel), Government of U.P., Lucknow. The Court further directed that in the event such representation is made, the same shall be decided by the Secretary or any functionary of the Government competent to decide the representation within a period of two months from the date of production of a certified copy of the order and that the order passed on the representation shall be communicated to the petitioner within two weeks thereafter.;