KRISHNA KANT PANDEY Vs. MANAGING DIRECTOR, U P STATE WAREHOUSING CORPORATI
LAWS(ALL)-2018-1-548
HIGH COURT OF ALLAHABAD
Decided on January 29,2018

KRISHNA KANT PANDEY Appellant
VERSUS
Managing Director, U P State Warehousing Corporati Respondents

JUDGEMENT

Siddharth, J. - (1.) Heard Sri S.K. Srivastava, learned Counsel for the petitioner and Sri O.P. Singh, learned Senior Counsel assisted by Sri S.K. Rao, learned Counsel for the respondents.
(2.) The petitioner has filed the above noted writ petition, praying for a direction to the respondents to confirm the services of the petitioner, on the post of Clerk/ Office Assistant and to promote him on the post of Senior Clerk-cum- Godown Keeper, Assistant Grade-I, now designated as Bhandar Sahayak, with full service benefits, w.e.f., the date from which the juniors to the petitioner have been confirmed and promoted on the post of Senior Clerk-cum-Godown Keeper, Assistant Grade-I, now designated as Bhadar Sahayak. By way of amendment, on 14.08.2002, the petitioner has incorporated the following reliefs, 1-A.To issue a writ order or direction in the nature of Mandamus directing the respondents to make promotion or to treat him promoted on the post of Up Bhandar Adhikshak w.e.f., 27.05.1998 when the junior to petitioner, namely, Shri Poornmasi Murao, has been promoted on the post of Up Bhadar Adhikshak, treating the petitioner notionally promoted on the post of Assistant Grade-1, Bhandar Sahayak in the year 1988 when such junior to petitioner was promoted on the post of Assistant Grade-I/ Bhandar Sahayak. 1-B.To issue a writ, order or direction in the nature of Mandamus directing the respondents to provide all consequential service benefits to petitioner treating him to be notionally promoted on the post of Assistant Grade-I/ Bhandar Shahayak w.e.f., the year 1988, when junior to the petitioner namely Poornmasi Murao, was given promotion on the post of Assistant Grade-I/Bhandar Sahayak.
(3.) The petitioner's case is that he was appointed on Class-IV post of Chaukidar-cum- Palledar, in the U.P. State Warehousing Corporation Lucknow(Corporation in Short), on 10.02.1960, he was promoted to the post of Dusting Operator, another Class-IV posts, but with superior Pay Scale on 01.05.1976 and was promoted on the Class-III post of Clerk on temporary and ad-hoc basis on 07.03.1981 along with his juniors, namely Sri Rudra Pratap Tiwari, Chhotey Lal, Anil Kumar Saxena, Ram Babu-III and Purnmasi Murao. The Deputy General Manager of the Corporation, published an interim Seniority List dated 07.07.1982, wherein, juniors of the petitioner, Ram Babu-III and Purnmasi Murao were placed at Sl. No.319 and 320 respectively, while the petitioner was placed at Sl. No.584. The petitioner objected to the Seniority List on 07.07.1983, on the ground that the juniors aforesaid were appointed in the year 1972 and he was appointed in 1960, therefore, the Seniority List is incorrect. However, the juniors aforesaid were further promoted to the post of Senior Clerk- cum- Godown Keeper on 12.04.1988 and later confirmed on the post on 10.09.1992 and 19.02.1991 respectively, but the petitioner was not promoted. The juniors were further promoted to the post of Assistant Grade-I/Godown Keeper/ Bhadar Sayak in the Pay Scale of 1350-2200, while the petitioner remained on the post of Assistant Grade-II, in the pay scale of 1025-1720. On 21.05.1994, the respondents again published a Seniority List, wherein Sri Ram Babu-III and Purnmasi Murao were placed at Sl. No.246 and 247, while the petitioner was placed at Sl. No.502. The petitioner objected to the same, but when no heed was paid to his objections, he has approached this Court by way of this writ petition, praying for the above noted reliefs.;


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