- (1.) HEARD Mr. Ramesh Rai in support of this appeal. Mr. Shashi Nandan, Senior Advocate and Mr. Ashutosh Gupta appear for respondent Nos. 1 to 5, Mr. A. K. Srivastava appears for respondent Nos. 6 to 9.
(2.) THE respondent Nos. 1 to 5 have filed a petition bearing petition No. 6361 of 2008. THEy have challenged the order passed by the Commissioner, Gorakhpur on 24th January, 2008 whereby he has withdrawn the promotions which were granted to them. He has passed a reasoned order. The respondent Nos. 1 to 5 were promoted from the post of Lekhpal to the post of Assistant Registrar, Kanoongo, in September, 2007. It is their case that they were not heard before the passing of the impugned order and, therefore, they filed the petition. The learned Single Judge has passed an interim order granting stay on 5th February, 2008. There are other Lekhpals like the appellant who feel aggrieved by the passing of this order and, therefore, they have filed this appeal. The submission of the appellant is that the order of the Commissioner was fully justified. The Commissioner has given reasons to point out as to how the marking was wrong when the selection of these respondent Nos. 1 to 5 was done. It is also submitted by Mr. Rai that whereas the criteria for promotion is of seniority-cum-merit, the promotion was made on the basis of merit alone.
(3.) MR. Shashi Nandan, learned Senior Advocate on the other hand submitted that after the selections were made, a petition was filed by the other Lekhpals, bearing writ petition No. 53240 of 2007, wherein the State Government has filed a counter-affidavit and defended the selection and no interim order was granted. Now subsequently this order has been passed by the Commissioner on 24th January, 2008 and surely, therefore, the learned Single Judge was right in grant ing the. stay, which he has done. The appeal is confined basically to the interim order. We have considered the submissions of both the Counsel as well as that of Mr. A. K. Srivastava, learned Standing Counsel appearing for the State. Mr. Srivastava has defended the order of the Commissioner.;