- (1.) Heard Sri H.N. Singh, Senior Counsel assisted by Sri Vineet Kumar Singh, learned counsel for petitioner, learned Standing Counsel for respondent-1 as well as Sri A.R. Dubey, learned counsel appearing for respondent-2.
(2.) Dispute in this writ petition pertains to seniority and promotion vis-à-vis petitioner and respondent-2. Petitioner was appointed as Executive Officer-Class IV Municipal Board on 22.11.1973. He was promoted as Executive Officer-Class III Municipal Board with effect from 5.2.1974 and Executive Officer-Class II Municipal Board with effect from 11.1.1988 vide order dated 26.10.1995. The aforesaid order of promotion dated 26.10.1995 was passed pursuant to an order dated 29.7.1994 passed by this Court in Civil Misc. Writ Petition No.23416 of 1994, whereby State Government was directed to dispose of petitioner's representation dated 20.5.1994. Retrospective promotions were given considering petitioner's representation that he is senior to one M.A. Naqvi who was promoted as Executive Officer-Class III with effect from 5.2.1974 and Class-II with effect from 11.1.1988.
(3.) Respondent-2, Ish Shakti Kumar Singh was appointed as Tax Superintendent-Class I Municipal Board on regular basis vide order dated 18/26.6.1986. He was initially appointed on ad hoc basis as Tax Superintendent-Class I Municipal Board in August, 1981 and after insertion of Sub-rule (7) in Rule 21-A in U.P. Palika (Centralized) Service Rules, 1966 (hereinafter referred to as ''Rules,1966'), respondent-2 was regularized on the said post along with several others.;