H.C.P.Tripathi, J. - (1.) This writ petition is directed against an order of the Mukhya Nagar Adhikari, Nagar Mahapalika, Kanpur dated 29.7.1963 transferring the petitioner from the post of Controller of Stores to the post of Zone Secretary I. The petitioner prays for a writ of certiorari for quashing the aforesaid order and for a writ of mandamus directing the respondents to promote him to the post of Assessing Officer and to include his name for the post of U.P. Nagar Adhikari in the list to be submitted to the Public Service Commission, U.P. for consideration.
(2.) The undisputed facts which are relevant to the questions in controversy are stated briefly:- The petitioner was holding the post of Public Relations and Information Officer in substantive capacity in the erstwhile Kanpur Development Board; that in 1953 the U.P. Local Bodies (Appointment of Administrator) Act XVII) of 1953 was passed and under the provisions of Section 3 of the aforesaid Act an Administrator was appointed for discharging the duties of both the Kanpur Urban Area Development Board and the Kanpur Municipal Board. On 23.4.1957 Sri M.A. Quraishi, I.C.S., Administrator, Kanpur Development and Municipal Boards passed an order the relevant portion of which is quoted below: "(1) with effect from the date he takes over charge Sri G.R. Bhagwat, P.R.O., is appointed to officiate as Controller of Stores. The post of P.R.O. will be kept in abeyance for the lien of Sri G.R. Bhagwat until he is confined in the post of Controller of stores. The duties of P.R.O. will be combined with the post of Secretary to Administrator. (2) With effect from the date he is relieved, Sri Shiva Madhav Misra reverted as Secretary and posted as Scheme Secretary, Zone I. (3) On relief by Sri Shiva Madhav Misra, Sri Avadh Behari lal Misra, Scheme Secretary, Zone I is transferred to the post of Scheme Secretary Zone III."
(3.) On 24th April Sri Quraishi held that the petitioner was senior to Sri Dixit and as such eligible for appointment as Controller of Stores (Annexure A). On first February 1960 the Uttar Pradesh Nagar Mahapalika Adhiniyam came into force and the Kanpur Corporation began to function in place of the Development and Municipal Boards. On 2.8.1963 Sri Dev Raj Up Nagar Adhikari went on deputation to Delhi and his post fell vacant. Consequently, on 29.7.1963 the impugned order was passed by the Mukhya Nagar Adhikar making certain transfers and postings. This order inter alia provided that Sri G.R. Bhagwat who was officiating as Controller of Stores in a temporary capacity was to be transferred on his substantive grade of Rs. 300/- to 600/- to the post of Zonal Officer I with all his other emoluments and Sri Hridya Narain Dixit was to take over in a temporary capacity as Controller of Stores in the approved grade (Annexure C to the Petition).;