K.C. Agarwal, J. - (1.) Through this petition filed under Article 226 of the Constitution, Brahm Pal Singh, son of Sri Ami Chand Singh, has claimed mandamus directing the respondents not to give effect to the order of reversion dated 30th April, 1985 and also for the relief that the petitioner be treated to be in continuous service as holding the post of Marketing Inspector. The petitioner's father Ami Chand Singh was working in Food and Civil Supplies Department as Senior Marketing Inspector. He died on 27.12.1973. On his death, the petitioners mother applied to the Regional Marketing Commissioner, Meerut Division, Meerut for being given appointment to the petitioner under the Recruitment of Dependents of Government Servants Died in Harness Rules, 1974. Upon the aforesaid representation, the petitioner was required by the department to produce a certificate from the District Magistrate in support of, the fact that he was the son of the deceased Ami Chand Singh. The petitioner procured the necessary certificate and produced the same before the Additional District Magistrate on 27.12.1973 making the prayer for being appointed as Marketing Inspector. The Regional Food Controller through the letter dated 16th August, 1974 forwarded the application of the petitioner to the Commissioner, Food and Civil Supplies for taking necessary steps in regard to the same. The petitioner Was appointed as a clerk in the department on 16.10.1974. After being appointed as a clerk, the petitioner was also given ad hoc promotion like other clerks specially during Rabi procurement drives.
(2.) In the year 1982, a gradation list was prepared on the State basis which was challenged by way of writ petitions at Allahabad and Lucknow. These writ petitions were dismissed upholding the validity of the gradation list. Consequent upon the dismissal, special leave applications were filed before the Supreme Court. The Supreme Court dismissed the special leave applications with certain observations and also noted the undertakings given by the State Counsel. The list, was thereafter amended and finalised. The said gradation list was sent to the Regional Food Controller of the State. After the finalisation of the gradation list some of the Marketing Inspectors, who were previously working on ad hoc basis were reverted to their original posts.
(3.) The present writ petition was filed claimed that the reversion of the petitioner made through the order dated 30th April, 1985 was illegal and that for correction of the seniority list.;