- (1.) Heard Sri Y.S. Lohit, learned Counsel for the petitioner and learned Additional Chief Standing Counsel representing the State-respondents.
(2.) Under challenge in this writ petition is an order dated 04.09.2014 passed by the State Government whereby the claim of the petitioner for his promotion to the post of Joint Director with effect from 07.08.1999 in the Department of Local Funds and Audit of the State of U.P., has been rejected.
(3.) The submission of learned counsel for the petitioner in respect of his claim is that the respondents have clearly erred in law and have, in fact, acted contemptuously in as much as while rejecting the claim of the petitioner on the post of Joint Director, they have not followed the judgment and order dated 06.07.2001 rendered by this Court in Writ Petition no. 6586 (SS) of 1983, which was filed by the petitioner with the prayers inter alia for re-fixation of his seniority and other consequential benefits. It has further been pointed out by learned Counsel for the petitioner that case of the petitioner for promotion to the post in question has been rejected on the criteria of merit whereas the rules governing the conditions of the service including the promotion in the department concerned provide the criteria of seniority subject to rejection of unfit. Thus, the submission is that respondents have wrongly adopted the criteria of merit while considering the case of the petitioner, whereas in the case of one Sri Harish Chandra Kannaujia, the respondents have acted on the criteria of seniority subject to the rejection of unfit for considering his promotion to the post of Joint Director.;