Court No. - 38 Case :- WRIT - A No. - 31 of 2010 Petitioner :- Sunil Kumar Maurya Respondent :- State Of U.P. & Others Petitioner Counsel :- Krishan Ji Khare Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
The petitioner, who is a Survey Lekhpal has assailed the order
dated 6.11.2009 passed by the respondent no.2 on the ground that
he is entitled for being further promoted on the post of
Kanoongo/Supervisor Kanoongo/Revenu Inspector and, therefore,
he should be sent on training for the said purpose. Learned counsel
for the petitioner relies on certain orders passed on the judicial side
to contend that the petitioner is entitled for such relief which can
not be denied by the respondents.
The petitioner had earlier filed a writ petition in which a direction
had been issued on 4.3.2008 to send the petitioner on training.
Against the said direction a Special Appeal was filed by the State
and the judgment was modified for considering the petitioner for
promotion on the post of supervisor Kanoongo within 65 % quota
for which the feeding cadre is Lekhpal, under the government
order dated 25.9.2009.
The authority namely, the Board of Revenue, has passed the order
rejecting the claim of the petitioner on the ground that the
petitioner is not eligible for being sent on training inasmuch as the
petitioner is a Survey Lekhpal and belongs to a different cadre
altogether. The impugned order, therefore, dis-entitles the
petitioner to receive the aforesaid training.
Sri Krishna Ji Khare contended that the petitioner is entitled for
being promoted and has relied on a circular of the Board of
Revenue dated 11th February, 1977 as also the U.P. Sub-ordinate
Revenue Executive Service Rules, 1977 to contend that the said
rules applied and there is no occasion to decline the relief to the
petitioner. He further recited passages from the judgment of this
Court in the case of the petitioner himself decided on 4.3.2008 to
substantiate his submissions.
At the very outset after having heard learned counsel for the
parties, it is evident that the judgment dated 4.3.2008 was not
approved in its entirety and the following finding was recorded by
the Special Appellate Bench:-
“We may record that direction issued by the Hon’ble Single Judge
for promotion of the petitioner on the post of Supervisor
Kanoongo within 65% quota provided for feeding cadre of
Lekhpal in terms of Government order dated 25.9.1996 is not in
accordance with law inasmuch as the Hon’ble Court could at best
have directed consideration of his claim for promotion in
accordance with the government order dated 25.9.1996.”
It is thereafter the impugned order had proceeded to record that the
petitioner being a Survey Lekhpal belongs to a different cadre. Sri
Khare could not in any way establish that the petitioner belongs to
the cadre of regular Lekhpals so as to entitle him for promotion of
Supervisor Kanoongo. The rules cited are not applicable to Survey
Lekhpals.
The decision relied upon by the learned counsel for the petitioner,
therefore, do not apply to the case of the petitioner and, therefore,
the petition lacks merit and is accordingly dismissed.
Order Date :- 11.1.2010
Shiraz