S.R. Singh, J. - (1.) HEARD the learned counsel for the parties and perused the impugned order dated 14.5.1996 by which the order dated 21.8.1989 issued by the Addl. District Magistrate, Uttar Kashi, giving officiating promotion to the petitioner in the post of senior clerk in the scale of Rs. 430 -885, revised scale Rs. 1200 -2040 has been rescinded mainly on two grounds, firstly that the Addl. Distt Magistrate (V) was not the competent authority clothed with the power to make appointment on a clerical post in the department and secondly that the petitioner was junior to many employees who were left out for being considered for promotion. The learned counsel for the petitioner canvassed, relying upon the G.O. dated 9th Nov. 1997 (Annexure -2 to the petition) that the Addl. District Magistrate (Development) was competent to make appointment on a clerical post and relying on Annexure -3 to the writ petition, the counsel submitted that the assertion that the petitioner was junior to many candidates, is factually incorrect. It is also urged that no opportunity was afforded to the petitioner before rescinding the promotion given to the petitioner vide order dated 21.8.1989. The learned counsel further submitted that after being promoted by means of the order dated 21.8.1989, the petitioner was transferred to Tehri and thereafter, he was again transferred to Uttar Kashi. The learned Standing Counsel, in opposition, urged that the promotion was purely of officiating nature and it did not confer any right on the petitioner to continue on the post. Having heard the learned counsel for the parties, I am persuaded to the view that the grounds on which the petitioner's officiating promotion has been rescinded are unsustainable in view of the factual position set out above. The standing counsel was given time to file counter affidavit but till date, no counter affidavit has been filed. Relying upon the averments made in the petition, I feel called to allow the petition in the conspectus of the above discussion.
(2.) ACCORDINGLY , the writ petition succeeds and is allowed. The impugned order dated 14.5.1996 (Annexure -6) is quashed with liberty reserved to the competent authority to pass a fresh order in accordance with law after proper self -direction to the relevant factors and after affording due opportunity of hearing to the petitioner.;