ASOPA, J. - (1.) BY this common order, three connected cases filed by the same petitioner- S. B. Civil Writ Petition No. 5099/1998, S. B. Civil Contempt Petition No. 239/1999 and S. B. Civil Writ Petition No. 568/2005 are being decided.
(2.) IN Writ Petition No. 5099/1998 the petitioner has challenged order dated 23. 9. 1998 (Anx. 11) whereby he has been reverted from the post of Supervisor to that of Class IV servant on the ground that there is no post of Supervisor in the Kherliganj Kraya Vikraya Sahkari Samiti Ltd. Kherliganj, Alwar (in short `the Society' ). Petitioner has also prayed for a direction to the respondents to allow him to work on the post of U. D. C. or in the alternative, to post him on the post of Supervisor. In this writ petition, an interim order was passed on 16. 10. 1998 to the following effect: " Issue notice to the respondent to show cause as to why this petition may not be admitted. Issue notice of the stay application also. In the meanwhile operation of order dated 23. 9. 98 is stayed. " For non compliance of the aforesaid order dated 16. 10. 1988 S. B. Civil Contempt petition No. 239/1999 has been filed. In S. B. Civil Writ Petition No. 568/2005 which was filed by the petitioner after his retirement, the petitioner has prayed for a direction to the respondents to make payment of dues of Gratuity with interest at the rate of 18% p. a. as also leave encashment for 150 days unavailed earned leave. S. B. C. W. P. No. 5099/1998 In this writ petition, it has been stated in the writ petition that the petitioner was rightly promoted to the post of Supervisor in the year 1969, then as L. D. C. in 1975 and then to the post of U. D. C. in 1980 and without issuing any notice he has been reverted from the post of Supervisor to that of Class-IV servant. Alternate prayer for his continuation as UDC has also been made. Petitioner has further submitted that he should be allowed to work on the post of Supervisor looking to his past experience of twenty years though he is Class VIII pass.
(3.) IN reply, the contents of paras 3, 4, 5 of the writ petition relating to promotion of the petitioner have been denied by the respondents. It was further stated in reply to para No. 6 of the writ petition that the petitioner was the senior most employee therefore, he was handed over the charge of the post of Supervisor in routine. The respondents have also stated that the petitioner was promoted under the wrong notion that he was having due qualification and that there was post of Supervisor in the Society. The respondents have placed reliance on enquiry conducted by the Assistant Registrar in respect of the illegal appointment of Supervisor/demand of continuation as UDC wherein the Enquiry Officer has come to the conclusion that the post of Supervisor is not available in the Society and that the petitioner does not possess the qualification for the post of UDC which is Graduate even for the lower post of Junior Assistant. S. B. Civil Writ Petition No. 568/2005 In the aforesaid writ petition, the respondents in their reply while controverting the claim as put forth by the petitioner for payment of gratuity and leave encashment etc. , with interest and have further stated that the petitioner has been paid Rs. 54,302/- being gratuity for 16 months and a half and Rs. 16,455/- being the amount of earned leave for five months, thus totalling to Rs. 70,757/ -. The respondents have stated in the reply that vide order dated 5. 12. 2002, an amount of Rs. 40,785/- towards provident fund with interest has also been paid to the petitioner. S. B. Civil Contempt Petition No. 239/99 ;