V.K.Shukla, J. - (1.) Present writ petition has been filed by the petitioner questioning the validity of the decision dated 24.7.2003 and 29.7.2003, Annexures 10 and 11 to the writ petition passed by Deputy Director and Director U.P. Ganna Kisan Sansthan Lucknow in respect of putting petitioner on his earlier post and pay scale.
(2.) Brief background of the case is that Uttar Pradesh Ganna Kishan Sansthan is a society registered under the Societies Registration Act. Functioning of said Sansthan is to impart knowledge and training to the cane-growers and connected persons so as to effectuate increase sugar production in the State, functions which was being earlier performed by Cane Development Department. Said Sansthan has been established by Government Order dated 4.8.1975 and has training centres at Shahjahanpur, Muzaffarnagar and Gorakhpur. Petitioner was appointed as Senior Assistant-Cum-Accountant in U.P. Ganna Kishan Sansthan on 16.5.1977. Pursuant thereto he joined on 27.5.1977. Petitioner claims that he applied to the Director to promote him as Sahayak Lekhadhikari (Assistant Accountant) and he was promoted as Sampriksha Sahayak on 29.11.1994 and he joined on 5.12.1994. Petitioner has stated that he has been promoted as Accountant vide order dated 9.7.1999 passed by Director in the pay scale of Rs. 1400 to 2600 and he joined asAccountant. The Director, Ganna Kishan Sansthan on 28.7.1999 suspended the order and again order was passed on 31.8.1999 cancelling the order dated 28.7.1999 with a direction to comply with the order dated 9.7.1999. Petitioner has further stated that he was promoted and annual increment was also accorded and on 6.1.2001 Director again suspended the order dated 31.8.1999 passed by his predecessor and thereafter order dated 24.7.2003 has been passed by which order dated 9.7.1999 was cancelled wherein petitioner has been reverted from the post of Accountant to Sampriksha Sahayak and thereafter consequential order has been passed by Deputy Director. At this juncture present writ petition in question has been filed.
(3.) Counter affidavit has been filed on behalf of U.P. Ganna Kishan Sansthan contending that it is an autonomous self governing body and order dated 9.7.1999 was not a promotional order rather by the above order designation was given to employees in term of Government Order dated 11.8.1983 and as per the semi Government letter dated 29.7.1992 issued by the Finance Pay Commission. By the said order 80% of total strength of Account cadre was given to Accountant and 20% to the Assistant Accountant, however since the said order was issued without the concurrence of the Governing Council, the same was kept in abeyance vide subsequent order dated 28.7.1999. Again order was passed on 31.8.1999 and then order dated 31.8.1999 was again suspended till the decision by the Governing Council. Governing Council considered the matter in its meeting held on 1.5.2003, a committee was constituted and decision was taken on 14.7.2003 by Governing Council not to extend said benefit. In this background decision has been taken and none of the right of the petitioner has been infringed.;