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High CourtsSingle Bench(1992) 04 AHC CK 0111

Ram Nath Mishra vs Secretary Board of Revenue and Another

Allahabad High Court · Decided on 23 April 1992 · Citation: (1992) 2 AWC 1243

HON’BLE JUDGES
M. Katju, J
RESULT
Disposed Of
CASE NUMBER
Civil Misc. Writ Petition No. 16345 of 1991

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Judgment

4 paragraphs · 340 words

M. Katju, J.—The Petitioner was appointed as Clerk in 1952 and since then he has been continuing in service He was confirmed on 1-7-1965 as is evident from Annexure-2 to the writ petition where his name is at serial No. 9 One Kanhaiya Lal who was at serial No. 26 in the same list was appointed on 1-5-1956 and was confirmed on 1-4-1962. The Petitioner''s grievance is that he has been treated junior to Kanhaiya Lal because Kanhaiya Lal was confirmed earlier to the Petitioner although the Petitioner''s initial appoint ment was earlier. In view of the decision of the Hon''ble Supreme Court in the case of O.P. Garg and others, Vs. State U.P. and others, the legal position is that the date of initial appointment should be taken into consid-eration for the purposes of calculating seniority, and not the date of confir-mation.In fact in O P. Garg''s case (supra) the Hon''ble Supreme Court struck down the rule regarding the Judicial Officers of U.P. which had provided that for calculating seniority the date of confirmation will not be taken into account. Hence, the Petitioner''s grievance is justified

2.

It has been stated in paragraph 11 of the writ petition that the District Magistrate Ghazipur has sent a list of five persons including Kanhaiya Lal to the selection committee for appointment as Office superintendent but, the name of the Petitioner was not sent as he was regarded junior to Kanhaiya Lal and others who are confirmed before him I am also informed that Kanhaiya Lal has been appointed as office Superintendent.

3.

In view of the decision of the Hon''ble Supreme Court in O.P. Garg''s case (supra), I direct the Commissioner, Varanasi Division, Varanasi to reconsider the matter regarding promotion to the post of office superintendent after issuing notice to both the Petitioner as well as Kanhaiya Lal and then decide the matter in accordance with law within a month of production of a certified copy of this order.

4.

With the aforesaid directions the writ petition is disposed of finally.