- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) THE petitioner was appointed on 9-8-1973 on the post of Junior Clerk by President Nagar Palika Parishad, Ujhani, District Badaun in the pay-scale of Rs. 176-250. THE petitioner claims that the Commissioner, Rohail Khand Division, Bareilly sanctioned a post of Sectional Head Clerk in Water Works Department at Nagar Palika Parishad, Ujhani, District Badaun on 31-5-1974 on which one Sri K. M. L. Chaturvedi was appointed by promotion on 12-7-1974. It is further claimed that the petitioner was confirmed and regularized on the post of Junior Clerk by the President, Nagar Palika Parishad, Ujhani District Badaun on 15-10-1974 and he was promoted as Senior Clerk in the pay-scale of Rs. 185-280 in place of one Sri Girish Chandra Tripathi on 4-7-1977. It is urged by Counsel for the petitioner that by clarification dated 18-10- 1982, the services of non-teaching staff were made transferable from colleges to Nagar Palika Parishad. It appears that the petitioner was promoted on the post of Sectional Head Clerk in place of one Sri Kishori Lal Jha who was working on the said post and who retired on 30-9-1995. It is submitted that he petitioner, after confirmation, was sent on deputation on the post of Clerk in the office of Panchayat Evam Sthaniya Nikaya Election Office, Kannauj, U. P. After the period of deputation of the petitioner was over, he was relegated back to his parent department. It further appears that by order dated 23-10-2000, the promotion of the petitioner was cancelled on the ground that the post of Sectional Head Clerk had not been created, as such, promotion of the petitioner on the said post could not have been made. Order dated 23-10-2000, which is in Hindi Devnagri script, is as under: "karyalaya NAGAR PALIKA PARISHAD, UJHANI (BADAUN) PATRANK Kw DATED 23-10-2000 SRI SOHAN PAl PESHKAR/lipik, NAGAR PALIKA PARISHAD, UJHANi PECHANI STHANIYA NIRWACHAN KARYALAYA, KANNAUJ. AAPKO SUCHIt KIYA JATA HAI KI VIBHAGIYA ANUBHAGIYA PRADHAN LIPIK KA PAD SRIJIt NA HONE KE KARAN AAPKO UKTA PAD PAR PADONNATI JANUARY 1, 1996 KO DI GAI THI. WAH PADONNATI AADESH TATKAL PRABHAV SE NIRASTA KIYA JATA HAI TATHA ANUBHAGIYA PRADHAN LIPIK PAD PAR 4-2-1997 SE AAPKI SEWAIN STHAI KI GAI THI, UKTA STHAIKARAN KE AADESH UKTA PAD NA HONE KE KARAN NIRASTHA KIYE JATE HAIN. YAD AADESH TATKAL PRABHAV SE HONGE MOOL PAD PESHKAR/lipik KA 1-1- 1996 SE HI MANA JAWEGA. AADESH EVAM SUCHNA SE AVGAT HON. HASTAKSARA ASPASTHa (DULI RAM MAURYA) ADHYAKSHa NAGAR PALIKA PARISHAD, UJANI. "
(3.) IT is contended by Counsel for the petitioner that it is only when the petitioner came back from deputation that he came to know about the aforesaid order dated 23-10-2000. Counsel for the petitioner also contended that the petitioner has been reverted in order to accommodate another person and on coming to know about the said order, the petitioner preferred an appeal before the Commissioner, Rohailkhand Division, Bareilly, which was dismissed on the ground of limitation as well as on merits. The petitioner has filed this writ petition challenged the validity and correctness of the aforesaid order passed by the Commissioner, Rohailkhand Division, Bareilly, dated 25-8-2005. Counsel for the petitioner vehemently urged that when the petitioner was appointed against a sanctioned post his reversion without affording him any opportunity of hearing is violative of principles of natural justice.;