- (1.) D. K. Seth, J. The petitioner, in the present be se, has made out a case that since 1-1-1976 he was working in M. L. N. Medical College, Allahabad, as a teacher. He was also a part time National Cadet Corps Officer since 25- 6-1976. The Na tional Cadet Corps. Organisation (hereinafter referred to as NCC) was dis banded between the period 1-5-1977 to 3-10-1978 for the purpose of re-organisa tion. During the said period the petitioner was placed on supernumerary list; accord ing to Rule 26 (4) (a) and (4-aa) of Nation al Cadet Corps Rules, 1948. Though the petitioner had performed the duties be tween the said period 1-5- 1977 to 3- 10-1978, yet the said period was not counted for the purpose of counting seniority for promotion in NCC Despite his representation, no benefit was given to him in spite of the certificate granted by his officer. The seniority was not counted for the purposes of granting him promotion. According to him, if it was so counted he would have been entitled to the rank of Major with effect from 25-6-1988. By order contained in communication dated 3-10-1988 his claim was turned down. The petitioner has challenged the said order by means of present writ petition. In the present writ petition he has prayed for, (i) quashing of the decision contained in communication dated 3-10- 1988 (An- nexure-7 to the writ petition), (ii) for reck oning the period 1-5-1977 to 3-10-1978, (iii) to promote the petitioner to the rank of Major with effect from 25-6-1988, (iv) Commanding the State of Uttar Pradesh to accept the petitioner as a regular employee of State of Uttar Pradesh with effect from the date of his Commission namely 25-6-1976, (v) Commanding the respondent No. 2 State of Uttar Pradesh include the petitioner's name in the list of Selection Grade Scale as Reader (Personal), (vi) Commanding the State of Uttar Pradesh to allow selection grade scale to the petitioner immediately after 31-12-1988.
(2.) SRI S. Harkauli, learned counsel for the respondent, on the other hand con tends that there is no nexus with regard to the case made out in the writ petition and the prayers (iv), (v) and (vi ). Inasmuch as the appointment as part time commis sioned officer in NCC has nothing to do with the appointment or conditions of ser vice in the college itself. At this stage, SRI A. K. Shukla, learned counsel for the petitioner submits that he is pressing the writ petition only with regard to prayer No. (i), (ii) and (iii) and he is not pressing the rest of the prayers. The case made out by the respon dents in the counter affidavit is that on account of disbandment of the unit for re-organisation of NCC for the period be tween 1-5-1977 till 3-10-1978 the petitioner could not be accommodated in any unit. Therefore, he was placed on su pernumerary list, in terms of letter dated 16th October, 1963. By virtue thereof the said period cannot be reckoned for the grant of promotion. It is further con tended that promotion is not the matter of right. The petitioner has not made our a case as to how he would be entitled to promotion to the post of Major with effect from 25- 6-1988. It is also contended by Sri Harkauli that admittedly the petitioner has been promoted to the rank of Major. Therefore, this writ petition has become infructuous. Sri Shukla, learned concsel for the petitioner, on the other hand contends that in case the period between 1-5-1977 to 3-10- 1978 is reckonned in that event the petitioner would have been entitled to promotion to the post of Major on 25th June, 1988.
(3.) NOW, therefore, we are called upon to decide the following questions: (i) As to whether the period between 1-5-1977 till 3-10-1978 should be reckoned for the purposes of counting seniority of the petitioner; (ii) If counted, whether the petitioner would be entitled to promotion to the rank of Major with effect from 25th June, 1988. It is contended by Sri Shukla that the petitioner could not be placed in supernumerary list pursuent to sub-rule (4-a) and (4- aa) of Rule 26. Therefore, the said period should be reckoned for the purposes of counting seniority of the petitioner. Rule 26 (4a) and (4-aa) are quoted below: " (4-a) National Cadet Corps Officers of the Senior and Junior Divisions who proceed on study leave, long leave or posted away to per form some other duties and are permitted to keep lien with their Schools/colleges, shall be placed on supernumerary list for a period not exceeding two years unless Government in a special case agree to extend it. This period shall not be counted towards their seniority for promotions in the National Cadet Corps. (4-aa) Where an officer is transferred to a College or School having no unit or vacancy in any unit to absorb him, he shall be placed on supernumerary list for a period not exceeding one year at the discretion of the Director Na tional Cadet Corps. This period shall not count towar is his seniority for promotion in the Na tional Cadet Corps. ";