U.K.DHAON, V.D.CHATURVEDI, J. - (1.) HEARD Sri P. K. Srivastava, learned counsel for the petitioner and the learned standing counsel for the opposite parties.
(2.) THE petitioner is aggrieved by the orders dated 3.3.2003 and 26.6.2003 passed by the opposite parties contained in Annexures-1 and 7 to the writ petition. The petitioner has alleged that he joined as Junior Engineer (Mechanical) in the Public Works Department of the State of U. P., on 14.3.1969. The petitioner has further alleged that for promotion on the post of Assistant Engineer (Electrical and Mechanical) the requirement was 10 years service in substantive capacity as Junior Engineer. The petitioner has further alleged that he completed 10 years of service as Junior Engineer on 14.3.1979 and was confirmed w.e.f. 1.3.1980 and thereafter the name of the petitioner alogn with others were sent to the Public Service Commission for promotion to the post of Assistant Engineer (Electrical and Mechanical). The learned counsel for the petitioner submits that the Public Service Commission selected the petitioner for the post of Assistant Engineer through office memorandum dated 5.11.1983 and thereafter the petitioner could not be treated as ad hoc Assistant Engineer. He further submits that the impugned recovery proceedings against the petitioner in pursuance of the order dated 3.3.2003 is arbitrary and illegal.
(3.) THE learned standing counsel appearing on behalf of the opposite parties submits that by the order dated 31.8.1985 the petitioner was promoted on ad hoc basis as the matter was pending before Hon'ble the Supreme Court. He further submits that there is no illegality in the impugned order dated 3.3.2003.;