Jagmohan Lal, J. - (1.) This special appeal has been filed by a petitioner whose writ petition had been dismissed by a learned single Judge of this Court. The appellant was holding the post of Reference Clerk in a substantive capacity in the office of Inspector General of Prisons, U. P., Lucknow. Thereafter he was promoted in an officiating capacity as a Routine Grade Noter and Drafter and later on he was given an officiating chance to work as Head Clerk in the office of the Principal, jail Training School, Lucknow. While he was officiating on that post he was dismissed from service under an order dated 21-7-1959 by the Inspector General. He filed an appeal against that order. The appellate authority set aside the punishment of dismissal and in its place awarded him the punishment of stopping his increment for two years. The appellant was then reinstated as an officiating Noter and Drafter.
(2.) In the meantime, some other Reference Clerks who are respondents No. 3 to 9 in this appeal and who were junior to him were confirmed as Noters and Drafters. After the appellant was reinstated his work was also assessed for confirmation as Noter and Drafter but he was not confirmed on that post till 25-11-1967 when he was reverted under an order of that date (vide Annexure 8) to his substantive post of Reference Clerk.
(3.) Feeling aggrieved, the appellant filed a writ petition alleging that respondents Nos. 3 to 9 who were junior to him and who had been confirmed as Noters and Drafters during the period he was out of employment under the dismissal order passed against him, should have been deconfirmed under Rule 198-A of the Subsidiary Rules contained in Financial Hand Book, Volume II, and thereafter he should have been confirmed first on this post and then he persons junior to him. His further grievance was that so far as the order of reversion is concerned, it was illegal as not having been passed after complying with the provisions of Article 311 though it was an order of punishment. Both these pleas of the appellant were rejected by the learned single Judge.;