JUDGEMENT
SANGEETA CHANDRA,J. -
(1.) This writ petition has been filed by the petitioner challenging the order dated 27.08.2014 passed by the Respondent No. 4, Vice Chairman, Allahabad Development Authority, Allahabad in purported compliance of the order passed by this Court in Writ - A. No. 66050 of 2013 decided on 24.07.2014. A prayer has been made by the petitioner further to make payment of arrears of salary calculating the difference as paid to his juniors along with pension and gratuity paid to them and interest thereon. Prayer has further been made to issue a mandamus to the Respondent Nos. 4 and 5 to revise the pay of petitioner w.e.f. 01.08.1975 and grant further revision as admissible w.e.f. 01.01.1996 to 31.10.2008 under 6th Pay Commission Report and refix the pension of petitioner and make payments accordingly to him.
(2.) It is the case of the petitioner that he was earlier working in Nagar Mahapalika, Allahabad and a Selection Committee was constituted on 20th of December, 1974 by the Administrator of Nagar Mahapalika, Allahabad and the said Committee selected 18 persons as Clerk Grade-I. The name of petitioner finds place in the select list dated 20th of December, 1974 along with that of S/S Badri Nath Shukla, Fareed Ahmad and Shyam Sunder Swarnkar at serial Nos. 12, 13, 16 and 17 respectively. Before any promotion could be granted, Allahabad Development Authority, Allahabad was constituted under Section 4 of the U.P. Urban Planning and Development Act, 1973 and as per Section 59 (3) of the said Act, 1973 all employees and officers of Nagar Mahapalika, Allahabad were transferred to Allahabad Development Authority, Allahabad and it was further provided that the services rendered under Nagar Mahapalika shall be deemed to be services rendered under the Allahabad Development Authority, Allahabad.
(3.) It is the case of the petitioner that the petitioner was working in the Development Section of Nagar Mahapalika, Allahabad which was subsequently converted into ADA and thereafter services of the petitioner along with post was transferred to the ADA by order dated 24.06.1975 of the then Administrator, Nagar Nigam/Vice Chairman of ADA. By an order dated 02.05.1977 passed by the Vice Chairman of the ADA several other Clerks mentioned in the select list dated 20th of December, 1974 were promoted as Clerk Grade-I including the junior to the petitioner, namely Shri Badri Nath Shukla. The case of the petitioner for promotion as Clerk Grade-I along with them was ignored and eventually, promotion was granted to him only on 01.05.1981 as is evident from the extract of Service Book filed by the petitioner at page No. 73.;
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