- (1.) Heard Sri Shailendra, learned counsel for the petitioner and Sri Manish Goyal, learned counsel for the respondents-High Court.
(2.) The petitioner has come up for a limited relief relating to his promotion to the post of a Section Officer from the post of a Review Officer w.e.f. 8th of September, 2010, which is the date from which his junior has been promoted. He therefore complains violation of Articles 14 and 16 of the Constitution of India.
(3.) The petitioner has been admittedly promoted as a Section Officer w.e.f. 14.9.2011, which fact is undisputed. Thus, the claim is only with regard to the period prior to that w.e.f. 8.9.2010. Sri Shailendra learned counsel for the petitioner has urged that the petitioner has been obviated from consideration for the relevant year for the factual reasons as detailed in the writ petition, but erroneously on account of an incorrect application of the rule applicable in the matter. He has invited the attention of the Court to Rule 40 of the Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976. The same is extracted hereinunder:- 40. Regulation of other matters-- "(1) All officers and servants of the Court shall be subject to the superintendence and control of the Chief Justice. (2) In respect of all matters (not provided for in these rules) regarding the conditions of service of officers and servants of the Court including matters relating to their conduct, control and discipline, the rules and orders for the time being in force and applicable to Government servants holding corresponding posts in the Government of Uttar Pradesh shall apply to the officers and servants of the Court subject to such modifications, variations and exceptions, if any, as the Chief Justice may, from time to time, specify: Provided that no order containing modifications, variations or exceptions in rules or orders relating to salaries, allowances, leave or pensions shall be made by the Chief Justice except with the approval of the Governor: Provided further that the said powers exercisable under rules and orders of Government of Uttar Pradesh by the Governor shall be exercised by the Chief Justice or by such officer as he may, by general or special order, direct. (3) If any doubt arises in regard to a particular post in the establishment being corresponding to a post in the State Government, the matter will be decided by the Chief Justice." He has then invited the attention of the Court to the Government Order dated 30th June, 1993, which has been filed as Annexure RA-1 to the rejoinder affidavit in particular to clause 2 (2) (Sa).;