Rajesh Singh Chauhan, J. - (1.) Heard Pt. S. Chandra, learned counsel for the petitioner and Sri K. S. Pawar, learned counsel for the opposite parties.
(2.) By means of this writ petition, the petitioner has impeached the order dated 11.01.2013, passed by the Deputy Cane Commissioner/ Chairperson, Regional Cane Authority, Devi Patan Mandal, Gonda, the opposite party No.2, whereby the representation of the petitioner dated 17.12.2012 has been rejected. By means of the aforesaid representation, the petitioner had prayed that the petitioner be treated as promoted on the post of Clerk with effect from 31.01.2004 when the junior to the petitioner, namely, Sri Devi Prasad Pandey was promoted/ regularized.
(3.) The facts and circumstances of the case are that the petitioner was initially appointed on the post of Seasonal Clerk on 01.04.1970. However, Sri Devi Prasad Pandey was also appointed on the post of Seasonal Clerk on 16.11.1976. The seniority list of the Seasonal clerks dated 31.10.1995 was prepared, in which, the name of the petitioner finds place at serial No.189, whereas the name of Sri Devi Prasad Pandey finds place at serial No.301. The aforesaid seniority list has been enclosed with the writ petition as Annexure No.2.;