- (1.) HEARD the learned Advocates for the respective parties. The affidavit-in-opposition filled on behalf of the respondent Nos. 1,2 and 3 be kept on record. The petitioner is aggrieved by an order dated 14th March, 2007 (annexure P-17 to the writ petition) passed by the respondent No. 3. The facts, very briefly, of the instant case are as follows : the petitioner joined the service of the respondent No. l sometime in the year 1969 as a conductor and his service was regularized sometime in the year 1970. It appears from annexure P-3 to the writ petition that the petitioner was transferred to the post of Office Assistant Grade-Ill sometime in the year 1973. It will appear from annexure P-3 that it was indicated in the said order by the respondent authorities that the petitioner will retain his existing seniority. It appears that by a subsequent order of the respondent authorities the seniority of the petitioner was made applicable from the date of joining the post of Office Assistant Grade-Ill. The petitioner made an appeal to the Chairman of the respondent No. 1 and a decision was taken by the Board of the respondent No. 1 to the effect that the petitioner's seniority should be considered from the date of joining as a conductor. It appears that on the basis of such decision of the Board of the respondent No. 1 the petitioner was further promoted to the post of Office Assistant Grade-II with retrospective effect. In a subsequent Board meeting the petitioner's seniority from the date of joining as a conductor was cancelled. Fresh gradation list was prepared. The petitioner was subsequently promoted to the post of Upper Division Clerk and such Promotion to the post of Upper Division Clerk was also given retrospective effect. Subsequently the matter was again referred to the Board of the respondent No. 1 and the said Board after reviewing the petitioner's case modified the earlier decision taken from time to time and resolved by a decision dated 31st December, 2003 to cancel the seniority of the petitioner from the date of his initial joining as conductor. Due to such loss of seniority for the post of Office Assistant Grade-Ill, the promotion of the petitioner to the post of Office Assistant Grade-II also stood cancelled. This led the respondent authorities to revise the promotion of the petitioner to the post of Upper Division Clerk from the date of 1st September, 1989 instead of 1st January, 1988.
(2.) THE learned Advocate for the petitioner submits that pursuant to the resolution of the Board dated 31st December, 2003 the respondent authorities started making deductions from the petitioner's salary for the purpose of giving effect to such resolution. The learned Advocate for the petitioner submits that the respondent authorities are still continuing to make such deductions from the monthly salary of the petitioner.
(3.) IT appears from the submissions of the learned Advocates for the respective parties and from copies of some of the orders which were passed by this Court on earlier occasions that the petitioners had earlier come up before this Hon'ble Court for redressal of his grievances and this Court had directed the authority concerned to consider the representation of the petitioner. In such background the impugned order has been passed by the respondent No. 3.;