A.N. Varma, J. - (1.) The petitioner challenges the validity of the list of seniority dated 4-3-1977 prepared by the respondent in regard to the Accountants promoted from the post of Assistant Accountants. He also challenges the order dated 9-4-1980 whereby he has been reverted to the post of Assistant Accountant from the post of Accountant. In addition the petitioner challenges the order passed by the U.P. Public Services Tribunal dated 15-12-1979 dismissing the claim petition filed by the petitioner challenging the aforesaid seniority list.
(2.) The facts relevant for the determination of the controversy involved in the petition lie within a narrow compass. The petitioner was appointed as an Assistant Supervisor in the Co-operative Department on 26-10-1962. Subsequently, he along with five others were promoted to officiate temporarily as Assistant Accountant in the scale of Rs. 100-170 under the orders passed by the Registrar, Co-operative Society, U.P. Subsequently, by an order dated 5-2-1971, the petitioner was promoted to the post of Accountant In the year 1971 the petitioner and those others appointed with him on 22-9-1965 were asked to appear at a Departmental Examination prescribed for the posts of Assistant Accountants. The petitioner and others protested against this and submitted that their appointments were not subject to their passing the Departmental Examination. Some others, however, appeared at this Departmental Examination and cleared the same. The Departmental Examination was held again in 1976 at which the petitioner and those appointed with him were again asked to appear. This time these persons appeared at the Departmental Examination and cleared the same. Thereafter, in the year 1977 the impugned seniority list was prepared in which those who had cleared this Departmental Examination in 1971 were placed above the petitioners. The petitioner felt aggrieved by this and challenged that order before the U.P. Public Services Tribunal. The Tribunal dismissed the claim of the petitioner on the ground that the petitioners would be deemed to have been appointed on a substantive basis only after they passed the Departmental Examination and consequently their seniority shall have to be reckoned from the date on which they passed the Examination even though they may have been officiating on the post earlier.
(3.) The claim petition was contested by the Co-operative Department. Their case was that the seniority of the petitioner shall have to be reckoned from the date of their passing the Departmental Examination.;