- (1.) Heard Sri Kuldeep Saxena, learned counsel for the petitioner and Sri Mata Prasad, learned Additional Chief Standing Counsel for the respondents.
(2.) The petitioner is seeking quashing of the order dated 24.09.1994 and 01.07.1995. By the order dated 24.09.1994 the petitioner has been posted back to his substantive post of Cleaner from that of Jeep Driver and by the order dated 01.07.1995 he has been granted the pay of Cleaner instead of that of Jeep Driver.
(3.) Briefly stated the case of the petitioner is that he was initially appointed as Helper in 1979 under the District Agriculture Officer, Aligarh and thereafter promoted as Truck Cleaner in 1984. He was further promoted as Jeep Driver in the office of Planning Officer, Aligarh (Package Scheme) vide order dated 30.12.1989 (Annexure-1 to the writ petition). It is stated that the scale of pay of Cleaner is Rs. 750-12-870- DRO-H-940 and the pay scale of Jeep Driver is 950-30-1150-DRO-25-1500. It is also stated that after the promotion of the petitioner as Jeep Driver the post of Cleaner, which fell vacant, was filled up by one Jandal Singh. On 24.09.1993 an order was passed by the Deputy Director, Agriculture Prasar (Aligarh) directing the District Agriculture Officer, Aligarh to report in the office of Deputy Director, Agriculture, Aligarh. Another order was passed in similar light on 17.05.1993. In compliance with the aforesaid order the petitioner submitted his joining in the office of Deputy Director of Agriculture, Aligarh on 26.05.1993 and was working there till the passing of the impugned order. It is stated that on 19.09.1994 an order was passed by the Deputy Director Agriculture (Prasar) to the effect that the order promoting the petitioner to the post of Jeep Driver was not available on record and therefore the salary being paid to the petitioner of the post of Jeep Driver was wholly irregular and the same cannot be paid to him. It is stated that after this the impugned order dated 24.09.1994 has been passed stating that the petitioner has never been promoted or appointed to the post of Jeep Driver and therefore he was directed to join on his substantive post of Cleaner. Thereafter the other impugned order dated 01.07.1995 regarding grant of pay of the post of Cleaner has been passed.;