- (1.) HEARD Mr. Santosh Mishra, learned counsel for the petitioner as well as learned Standing Counsel.
(2.) THE dispute relates to the promotion on the post of Goods Tax Superintendent/ Passenger Tax Superintendent in the Transport Department.
(3.) THE petitioner is working as Accountant in the office of Regional Transport Officer, Lucknow. Before promulgation of the Uttar Pradesh Transport Department Accounts Cadre (Non -Gazetted) Service Rules, 2009 (in short ''the Rules, 2009'). The petitioner's services had been governed under the U.P. Transport Department Ministerial Service Rules, 1980 (in short ''the Ministerial Rules, 1980'). The petitioner, along with five other persons, was appointed as Assistant Accountant temporarily vide order dated 11.07.1989 issued by the Additional Commissioner (Administration), U.P., Lucknow i.e. opposite party no. 3 in the pay scale of Rs. 470 -735/ -. The petitioner joined the post on 11.07.1989 in the Regional Transport Office, Agra. The cadre of Assistant Accountant was restructured vide Notification dated 31.08.1989. It is stated that total number of 80% of the combined strength of Assistant Accountant and Accountant were re -designated as Accountant in the pay scale of Rs. 1400 -2600/ - w.e.f. 01.01.1986 and remaining 20% was retained as Assistant Accountant in the pay scale of Rs. 1200 -2040/ -.;