SUDHIR AGARWAL,J. - (1.) BOTH these writ petitions involve similar controversy on fact and law and, therefore, are being decided by this common Judgement.
(2.) THE only question up for consideration in these cases is as to whether the petitioner fulfils the requisite qualification for promotion to the post of Office Superintendent in Bapu Degree College, Pipiganj, Gorakhpur which is an affiliated college with the Gorakhpur University and governed by the U.P. State Universities Act, 1973 and the Statutes framed thereunder. It is not in dispute that the petitioner was appointed as Routine Grade Clerk on a leave vacancy on 06.11.1980. He continues till 30.06.1981 and thereafter was appointed on regular basis as Routine Clerk on 04.01.1982. According to the petitioner, he was promoted as Senior Clerk on 12.03.1999 and was placed in the pay scale of Rs. 4000-6000 and since then he is working as such. Though the appointment of petitioner as Routine Clerk in 1982 is not disputed by respondent No. 4 but the petitioner's claim of promotion to the post of Senior Clerk has been denied in para 6 of the counter affidavit filed by respondent No. 4 which says as under: "6. that, the contents of paragraph No. 6 of the writ petition are incorrect, and not admitted, hence denied. It is submitted that the Committee of Management Bapu Degree College Pipiganj, Gorakhpur has never promoted as Senior Clerk to the petitioner till today and not give the approval by the Director, Higher Education or any competent authorities. He is getting pay scale Rupees 4,000/- - 6,000/-."
(3.) PARA 4 of the counter affidavit of respondent No. 4 has been replied in para 5 of the rejoinder affidavit as under: "5. That the contents of para 6 of the counter affidavit is not admitted as stated hence denied and whatever stated in para 6 of the writ petition is reiterated and re-affirmed. It is further stated that Office Superintendent Mr. Murli Manohar Gaur retired on 17.7.2007 and in his place Mr. Sambhu Narain Lal, Senior Clerk was promoted as Office Superintendent Grade II but he filed an application dated 19.5.2003 saying that he does not want to work as Office Superintendent Grade -II and his proposal was accepted on 24.6.2003, thus only petitioner is the candidate to be promoted on the post of Office Superintendent Grade-II in accordance with the Statute No. 25.03 of the First Statutes of the University of Gorakhpur 1977." ;