FAZLUR RAHMAN MOHD USMAN AFZAL AHMAD KHAN ABDUL AHAD KHAN Vs. STATE OF U P
LAWS(ALL)-2005-8-223
HIGH COURT OF ALLAHABAD
Decided on August 08,2005

FAZLUR RAHMAN, MOHD.USMAN, AFZAL AHMAD KHAN, ABDUL AHAD KHAN Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Sunil Ambwani, J. - (1.) By these writ petitions the petitioners appointed as Urdu Translator-cum-Clerks in the various departments of the State Government under U.P. Urdu Translator-cum-Junior Clerks Service Rules, 1994 (Notified on 9.9.1994) have prayed for setting aside the orders passed by appointing authorities canceling their promotions in the pay scale of Rs. 4000-6000, and for issuing directions to the State Government to frame rules, Regulations, Notifications. Government Orders or necessary directions for promoting the petitioners on the higher post of Senior Clerk in the Pay Scale of Rs. 4000-6000 and revised from time to time like others in the departments of State Government.
(2.) In Writ Petition No. 27996 of 2002, the petitioner was appointed as Urdu Translator, cum Assistant Junior Clerk by the District Magistrate, Mathura on 19.5.1995. He was adjusted on the post of Junior Clerk on 19.11.1998 and was transferred to Hathras, where he was confirmed on 25.8.2001. He was recommended by a Selection Committee for promotion to the post of Senior Clerk on 20.09.2001 along with other Junior Clerks, in the pay scale of Rs. 4000-6000 by an order dated 6.7.2002 passed by the District development Officer, Hathras, where he was confirmed on 25.08.2001. He was recommended by a selection committee for promotion the post of Senior Clerk on 20.9.2001 passed by the District Development Officer Hathras. His promotion order was cancelled and he was reverted to the post of Urdu Translator-cum-Junior Clerk on the directions issued by the State Government on 18.10.2001, providing that the post of Urdu Translator cum Junior Clerk is separate cadre for which promotions are not provided.
(3.) In the counter affidavit of Sri Devesh Chandra, Khand Vikas Adhikar, sahpau Hathras (Maha Maya Nagar), it is stated that the petitioner has not been demoted but that he is in a separate cadre, in pursuance to the Government Order dated 18.10.2001 and 7.11.2001 which provide that the post of Urdu Translator cum Junior Clerk fall in separate cadre and cannot be treated or adjusted in the cadre of Junior Clerk.;


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