- (1.) V. K. Shukla, J. Petitioner, Narendra Kumar Jauhari has approached this Court, praying therein for following reliefs: " (i) issue a writ, order or direction in the nature of certiorari to quash the impugned promotion order bearing No. 717/stha. Pra/vikas/2005-06, dated 2-7-2005 passed by the respondent No. 2, District Magistrate, Mahamaya Nagar, Hathras; (ii) issue a writ, order or direction in the nature of mandamus commanding the respondents to not interfere in peaceful functioning of the petitioner on the post of Head Clerk at District Development Office, Mahamaya Nagar, Hathras and it is further prayed that this Hon'ble Court may kindly be pleased to direct the respondents to pay the salary and other emoluments in accordance with Rules applicable in the case of Head Clerk to the petitioner time to time on each month since the month of January, 2004 continuously. (iii) issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioner on the post of Head Clerk at District Development Office, Mahamaya Nagar, Hathras to not take charge of Head Clerk from the petitioner and further may kindly be pleased to permit the petitioner to work and to bear the duty of Head Clerk continuously at District Development Office, Mahamaya Nagar, Hathras. (iv) issue any other writ order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. "
(2.) BRIEF background of the case, as raised in the instant writ petition, is that petitioner was appointed on 1-5-1974 as Assistant Clerk in the District Office of the Agricultural Production and Rural Development Department Ministerial Service. Ram Singh, respondent No. 6 was appointed as Assistant Clerk in the same service on 24-11-1978 in the District Office. Respondent No. 6 was promoted as Senior Clerk on 1- 2-1998. Petitioner was promoted as Senior Clerk on 1-9-1999. Respondent No. 6 was again promoted as Senior Assistant on 24-4-1999, whereas, petitioner was promoted as Senior Assistant on 21-4-2001. The post of Head Clerk fell vacant in January, 2004 on account of retirement of Rama Shankar Sharma. The said post was to be filled up by way of promotion, and in this regard selection proceedings were undertaken. The Selection Committee in its turn proceeded with promotional exercise and promoted Ram Singh as Head Clerk. At this juncture present writ petition has been filed. Counter-affidavit has been filed, and therein, it has been contended that promotion on the post of Head Clerk is to be made as per provisions of Rule 5 of the Uttar Pradesh Agricultural Production and Rural Development Department Ministerial Service Rules, 1980, falling under Chapter III of the said Rules, and as Ram Singh, respondent No. 6, was senior to petitioner, he was accorded promotion by the validly constituted Selection Committee, as such no interference is warranted. Counter-affidavit has also been filed on behalf of contesting respondent, and therein plea to the similar effect has been taken by contending that petitioner was appointed in the cadre of Senior Assistant on 21-4-2001, whereas contesting respondent Ram Singh had been working in the said cadre since 24-4-1999. It has been contended that valid selection had been undertaken by the Selection Committee, wherein promotion has been accorded strictly in accordance with seniority, as such no interference is warranted. To this counter-affidavit, rejoinder affidavit has been filed, and therein the statement of fact mentioned in the counter- affidavit has been rebutted and that of writ petition has been reiterated.
(3.) APART from exchange of pleadings, relevant record, on the basis of which proceedings in question have been drawn, has also been produced by the learned Standing Counsel. The record has been perused and the said record was also provided for perusal to the learned Counsel for the contesting respondent. After pleadings have been exchanged inter se parties and the original record has been perused, the matter has been taken up for final hearing and disposal with the consent of the parties.;