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Judgment
S. C. Chaurasia, J.
Heard learned counsel for the petitioner as well as learned Standing Counsel. None appeared for private respondent.
Inspite of lapse of almost 24 years, State has been failed to file counter affidavit, hence, we proceed to decide the petition on the basis of averments made therein.
Petitioner while working on the post of Lecturer in Baba Raghav Das Medical College, Gorakhpur was promoted on the post of Reader on adhoc basis by an order dated 27.03.1979, a copy of which has been filed as Annexure No.2 to the writ petition. In the meantime, in the department of Anatomy, one Dr. M. Ullah has gone on leave, hence a leave vacancy caused, which was filled up by promotion of Dr. (Mrs.) Varsha Katira to the post of Reader by an order dated 12.09.1980.
Learned counsel for the petitioner submits that Dr. M. Ullah proceeded to foreign country, later on was placed under suspension. However, the State Government by an order dated 04.12.1984 reinstated Dr. M. Ullah to the post of Reader against the vacancy which was occupied by Dr. (Mrs.) Varsha Katira. After reinstatement of Dr. M. Ullah, by impugned order he has been reverted to the post of Lecturer.
Sole argument advanced by petitioner''s counsel is that he is senior than Dr. (Mrs.) Varsha Katira and moreover, he was promoted on adhoc basis by an order dated 27.03.1979 (Annexure No.2). While Dr. (Mrs.) Varsha Katira was promoted against leave vacancy of Dr. M. Ullah. Accordingly, the submission is that Dr. (Mrs.) Varsha Katira should be reverted to lower cadre instead of petitioner. Learned counsel for petitioner submitted that the impugned order has been passed for extraneous reasons on unfounded grounds.
It has been not disputed by learned Standing Counsel, by rebutting the averments contained in writ petition that the petitioner is senior than Dr. (Mrs.) Varsha Katira and he was promoted in the year 1979 against the regular vacancy caused by one promotion of Dr. C.S. Dixit. Whereas, on the other hand Dr. (Mrs.) Varsha Katira was promoted against leave vacancy. Accordingly, while reverting the petitioner, the respondents have not followed the principles of first come last go.
Apart from the above, respondents seem to have acted in an arbitrary manner by retaining a person, who was working against leave vacancy and reverting back the regular incumbent. Respondents seems to have acted arbitrarily in violation of principles of natural justice. Order impugned seems to be outcome of arbitrary exercise of power is not justifiable under the facts and circumstances of the case.
In view of the above, we allow the writ petition. A writ in the nature of Certiorari is issued quashing the impugned order dated 04.12.1984 passed by State Government, as contained in Anenxure No.6 to the writ petition, with regard to reversion of the petitioner, with consequential benefits.
No order as to costs.