- (1.) The petitioner in the writ petition is seeking quashing of the order dated 29.11.2000 whereby his promotion on the post of Senior Auditor has been canceled and simultaneously his confirmation on the post of Auditor has also been canceled.
(2.) The writ petition was initially allowed by the learned Single Judge of this Court by judgment dated 9.9.2008. Aggrieved a special appeal was filed by the State respondents being Special Appeal (D) No. 869 of 2009 which was allowed by the Division Bench by judgment dated 7.8.2009. Thereafter a review application was filed. This review application was allowed and the judgment of the Division Bench dated 7.8.2009 was reviewed and the matter was remanded to the learned Single Judge for fresh consideration having regard to the provisions of the U.P. Public Service Commission (Limitation of Functions) (16th Amendment) Regulations, 1998.
(3.) The case of the petitioner is that he was initially appointed as apprentice clerk on 2.8.1980 in the office of Printing and Stationary, U.P. Allahabad, commonly known as Government Press, as a Class III employee. On 1.1.1981 he was appointed on the post of Junior Clerk and confirmed on the said post on 1.1.1983. Certain posts of Auditors were advertised on 8.3.1984 the minimum qualification prescribed was Graduate in Commerce with working experience. The petitioner applied against the advertisement and was selected by the selection committee and appointed as Auditor by order dated 15.9.1984. It is stated that the petitioner was selected by the selection committee on the basis of the recommendation made by the 2nd Pay Commission Report and the qualification for the post of Auditor under the 2nd Pay Commission Report was Accountancy/Graduate in Commerce. It is also stated that at the relevant point of time there were no Rules in the Government Press and the Rules were made for the first time vide notification dated 3.1.1986 for the clerical cadre known as U.P. Mudran Evam Lekhan Samagri Vibhag Niyamawali, 1986 (hereinafter referred to as the Rules, 1986). These rules provided for appointment of Auditors from amongst senior auditors of Cooperative Societies and Panchayat, Lucknow or from Director, Local Audit Fund, U.P. Allahabad on deputation. However, the petitioner in the meantime completed his period of probation of 2 years on the post of Auditors and was confirmed on the said post by order dated 23.1.1987 with effect from 15.9.1986.;