- (1.) S. K. Gupta, J. The present writ petition has been filed inter- alia against the order dated 6-2-2002 whereby the representation of the petitioner claiming promotion to the post of Extension Officer and praying for considering his claim to the post of Assistant Director (Chemical Fractionation & Process), has been rejected by the Principal Director. It is further prayed that Office order dated 2/4 March 2004 be quashed and the petitioner be promoted to the post of Extension Officer (Chemical) with effect from June 1998 or in any case from June 1999 and to pay all consequential monetary benefits.
(2.) THREE posts of Lab Technicians were advertised by respondent no. 1 in 1992. The Selection committee for the three posts of Lab Technician found Sri S. B. Shukla, Nadeem Akbar and Sri B. V. Shukla suitable for appointment to the post of Lab Tehnician. The merit list for appointment given by the selection committee was as follows: (1) S. B. Shukla (2) Nadeem Akbar (3) B. V. Shukla The recommendation of the selection committee was accepted by the appointing authority and the aforesaid candidates were offered appointment. On joining the post their names were placed in the seniority list in the order of merit indicated by the selection committee wherein the petitioner stood junior to respondent no. 4. The designation of the post of Lab Technician was changed to Scientific Assistant in the year 1993. The next post of promotion from the post of Scientific Assistant is that of Extension Officer. There was one vacant post of Extension Officer (QC) in the year 1998 for which the Departmental Promotion Committee ( herein after referred to as D. P. C) was convened in March 1998. Both the respondent no. 4 and the petitioner being eligible and available for consideration were assessed by the D. P. C and the Committee recommended respondent no. ,4 for appointment to the post of Extension Officer (QC) and accordingly respondent no. 4 was granted promotion to the post of Extension Officer (Q. C ). Though the petitioner was also considered by the panel but placed lower than respondent no. 4, and hence the petitioner could not be promoted in absence of any vacancy to the post of Extension Officer (Q. C ). The respondent no. 3 subsequently advertised a vacancy for the post of Assistant Director ( Chemical Fractionation & Process),for which the petitioner and the respondent no. 4 both immediately applied in pursuance of advertisement dated 14-20th April 2001.
(3.) THE petitioner filed Writ Petition No. 4270 of 2001 for promoting him to the post of Extension Officer (Chemical) with effect from June 1998 and to further consider his case for promotion and appointment to the post of Assistant Director ( Chemical Fractionation & Process ). THE said writ petition was disposed of finally by order dated 14-12-2001 directing the petitioner to make a representation to respondents no. 1 and 2, to decide the same preferably within a period of six weeks. Pursuant to the order dated 14-12-2001 passed by this Court the petitioner made a representation dated 22-12-2001 to respondent no. 3. The respondent no. 3 vide impugned order dated 6-2-2002 rejected the representation of the petitioner dated 22-12-2001 and held that (on the basis of the recommendation of the Selection committee to the post of Lab Technician) the petitioner stood junior to respondent no. 4 and further held that the vacancy for the post of Extension Officer (F & F) became available in June 1999 and the panel which was drawn up for filling one post of Extension Officer (Q. C) in March 1998 was no longer valid after expiry of one year and was inoperable for different posts.;