Court No. - 14 Case :- SERVICE SINGLE No. - 3098 of 1991 Petitioner :- Tej Pratap Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- A.P. Singh Respondent Counsel :- C.S.C. Hon'ble Sanjay Misra,J.
Heard Sri A.P.Singh, learned counsel for the petitioner and learned
Standing Counsel for the respondents.
By means of this writ petition, the petitioner has challenged the
order dated 8.5.1991 contained in Annexure-2 to the writ petition
as also the orders passed by the Board of Revenue. The petitioner
has also claimed to issue a writ of mandamus commanding the
Board of Revenue, U.P. Lucknow to consider the petitioner for
promotion to the post of Naib Tehsildar and permit him to
continue on the said post.
According to learned counsel for the petitioner, the petitioner was
engaged as a Seasonal Collection Amin and was subsequently
confirmed thereupon. He was given charge to work as Naib
Tehsildar under the U.P. Subordinate Revenue Executive (Naib
Tehsildar) Rules, 1944 from time to time and ultimately he
claimed promotion. When the charge from the post of Naib
Tehsildar was taken and he was relieved by the impugned order
dated 8.5.1991, he assailed the same by means of this writ petition
and an interim order dated 30.5.1991 was passed in his favour,
which is still operative. Under the interim order, it was provided
that in case the petitioner is working as Naib Tehsildar and juniors
to the petitioner are permitted to continue, the petitioner shall also
be allowed to work as Naib Tehsildar and will not be reverted.
In the counter affidavit, it has been stated that the petitioner was
confirmed as a Collection Amin on 31.2.1991 and according to
paragraph 13, the Board of Revenue is regularizing only those
persons, who are working as Naib Tehsildar on adhoc basis prior
to 1.1.1985. The case of the respondent is that on 1.1.1985, the
petitioner was not working on adhoc basis as Naib Tehsildar and
therefore, his claim for promotion on that basis cannot be granted.
Sri A.P.Singh, learned counsel for the petitioner has submitted that
under the Uttar Pradesh Regularisation of Adhoc Promotion (On
Posts Outside the Purview of the Public Service Commission)
Rules,1988, the cut of date 1.1.1985 was the date for
promotion/confirmation and such date has now been extended to
be 30.6.1998. Admittedly according to the petitioner, he was
working on the post of Naib Tehsildar on adhoc basis on the
strength of the interim order dated 30.5.1991 and as such
according to him he is entitled to be considered for promotion
under 1988 Rules
In paragraphs 13 of the counter affidavit, it has been stated that the
petitioner having worked on adhoc basis since 1991, he would not
be entitled to be considered for regularization on the promoted
post of Naib Tehsildar since the cut of date was 1.1.1985.
In view of the aforesaid case taken by the petitioner and also by
the States respondent, insofar as the first relief is concerned, no
error can be found in the impugned order. However, since the
petitioner has been working by virtue of the interim order dated
30.5.1991, he would be entitled for being considered for
promotion/regularization on the post of Naib Tehsildar in
accordance with 1988 Rules where the cut of date is 30.6.1998.
In view of the aforesaid circumstances, this writ petition stands
disposed of with a direction to the respondent no.2, Secretary,
Board of Revenue, U.P. Lucknow to consider the case of the
petitioner in accordance with law.
It is made clear that this Court has not expressed its opinion on the
merit of the claim for promotion/regularization made by the
petitioner in this writ petition and that has to be done by the
respondent no.2.
No order is passed as to costs.
Order Date :- 27.1.2010
Lbm/-