- (1.) BY the Court. Heard Shri Vinod Sinha, learned counsel for the petitioner. Shri Ashok Khare, Senior Advocate assisted by Shri Umesh Vats appears for respondent Nos. 4, 5,6, 7, 8,10 and 11. Learned Standing Counsel appears for respondent Nos. 1, 2 and 3.
(2.) THE service report submitted by the office on 25.10.2007 shows that the notices were served on respondent Nos. 6 to 12 and that the acknowledgment of notices is on record. The notices have returned unserved on respondent Nos. 9 and 11. In respect of respondent Nos. 4, 5, 7, Sand 10 neither acknowledgment nor undelivered notice has returned back. They are however represented by Shri Umesh Vats. All the respondents except respondent No. 9 are served. The petitioner has prayed for quashing the order of his regularisation dated 2.11.2006, and final gradation/seniority list of the dated 18.11.2006 issued by the Director, National Savings, U.P. Lucknow.
(3.) THE facts of the case, in brief are that the petitioner applied and was selected on the post of Investigator-cum-Computer in the National Savings Department of Uttar Pradesh on 18.12.1985 along with others. On 21.2.1992 a final seniority list was issued after inviting and disposing of the objections. The Additional Director (Savings) placed the petitioner at serial No. 3. Shri Bipin Bihari Pandey and five others were placed from serial No. 27 to 32. It is stated that out of the posts of 50 Investigators-cum-Computers, out of 65 posts were upgraded from the pay scale of Rs. 1400-2300 to Rs. 1600-2660 as Statistical Assistant by Government Order dated 5.10.1994. The petitioner's post was upgraded as Statistical Assistant on 7.10.1994. In this order also Shri Bipin Bihari Pandey and others were placed below the petitioner.;