Sunil Ambwani, J. - (1.) Heard Sri Anil Kumar Yadav for the petitioner in Writ Petition No. 53139 of 2003 and Sri Ashok Khare, Senior Advocate, assisted by Sri Umesh Vats for petitioner in Writ Petition No. 40204 of 2004.
(2.) Both the parties have respectively appeared as respondent in the corresponding writ petitions. Learned Standing Counsel appears for the State respondents. The petitioners in their respective writ petitions are claiming their right to be appointed on the only post of a clerk in the Master Plan Department of the Regulated Area Authority of Jaunpur at Collectorate Jaunpur. Brief stated giving rise to these rival claims are as follows:
(3.) Sri Aziz Ullah, the petitioner in writ petition No. 53139 of 2003 alleges that in pursuance of an approval given by the Commissioner, Varanasi Division, Varanasi dated 23.11.1979, he was appointed by the Controlling Authority Regulated Area Jaunpur as a Clerk-cum-Typist, and had joined on 19.2.1980. Prior to his appointment he was working as Record Keeper(Legal) in Tehsil Sadar. His appointment along with Sri Kamlesh Narain Pandey serving as Peon in the Tehsil Badlapur in the office of Regulated Area, Jaunpur was approved in the meeting of the Controlling Authority dated 8.3.1980. The office of the Controlling Authority was established under U.P. (Regulations of Building Operation) Act. 1958 and is also known as Master Plan Establishment. Although the Collectorate and Master Plan Establishment are separate, the petitioner was wrongly transferred to the Collectorate on 31.10.1985. The petitioner made a representation on 20.1.1994 on which the Collector Jaunpur directed the petitioner to be sent back to the Master Plan Establishment. This order elated 24.1.1994 was stayed by the Collector on 25.1.1994. The petitioner once again made a representation on 27.5.1995, at the time when promotions of Junior Clerks to Grade-II were in progress. Thereafter several representations were sent by the petitioner, without any result. As against one of the representations dated 13.7.2001 sent by the petitioner to the State Government, he was given a show cause notice by the Additional District Magistrate (Finance & Revenue), Jaunpur, for making direct correspondence with the higher authorities.;