Rajnish Kumar, J. - (1.) Heard Sri A.P. Singh, learned counsel for the petitioner, Sri Ashok Kumar Pandey, learned counsel for the opposite party nos. 1, 2 and 3 and Dr. V.K. Singh on behalf of opposite party no. 12.
(2.) The petitioner has preferred the present writ petition for quashing the order dated 19.07.2013 passed by the Principal Secretary in the Department of Khadi Village & Industries to U.P. Government holding additional charge of Chief Executive Officer, U.P. Khadi & Village Industries Board, Lucknow (hereinafter referred to as ''Board')and communicated by Deputy Chief Executive Officer (Personnel);opposite party no. 3, whereby and where- under petitioner's promotion to the post of Divisional Superintendent Industry (Leather) and Assistant Director Industry (Leather) has been cancelled by reverting the petitioner two steps below to the post of Assistant Development Officer-II, with all benefits of service. The petitioner has further prayed for a direction to the opposite parties to put back the petitioner on the post of Assistant Director Industry ( Leather) with all benefits of service.
(3.) The relevant facts for disposal of the present controversy are that the petitioner was initially appointed on the post of Shikshak (Leather) on 31.10.1992. He was promoted to the post of Assistant Development Officer - II vide order dated 10.10.1996. In pursuance thereof, he joined on the said post and continued on the same until one Sohan Lal Agarwal who was junior to the petitioner got changed his cadre from Assistant Development Officer- II to Senior Technical Assistant (Leather) on 22.07.2002 and later on while working as Senior Technical Assistant (Leather) was promoted to the post of Divisional Superintendent Industry (Leather) vide order dated 22.07.2002. On coming to know this fact, the petitioner moved an application/representation before the SC/ ST Commission to consider the claim of the petitioner. In pursuance thereof, the petitioner was promoted vide order dated 23.07.2008 by the then Chief Executive Officer notionally on the post of Senior Technical Assistant (Leather) w.e.f. the date from which Sri Sohan Lal Agarwal was promoted and was also promoted to the post of Divisional Superintendent of Industries (Leather) in the pay scale of Rs.5000 - 8000/- vide the same order. The said promotions were made on the premise to remove injustice to the petitioner. Thereafter on the representation of the petitioner, he was promoted on the post of Assistant Director of Industries (Leather) vide order dated 16/18. 12.2008.;