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Allahabad High Court · body

1987 DIGILAW 1146 (ALL)

Brahma Pal Singh v. State of U. P

1987-11-30

B.L.YADAV, K.C.AGARWAL

body1987
JUDGMENT K.C. Agarwal, J. - Through this petition filed under Article 226 of the Constitution, Brahm Pal Singh, son of Sri Ami Chand Singh, has claimed mandamus directing the respondents not to give effect to the order of reversion dated 30th April, 1985 and also for the relief that the petitioner be treated to be in continuous service as holding the post of Marketing Inspector. The petitioner's father Ami Chand Singh was working in Food and Civil Supplies Department as Senior Marketing Inspector. He died on 27.12.1973. On his death, the petitioners mother applied to the Regional Marketing Commissioner, Meerut Division, Meerut for being given appointment to the petitioner under the Recruitment of Dependents of Government Servants Died in Harness Rules, 1974. Upon the aforesaid representation, the petitioner was required by the department to produce a certificate from the District Magistrate in support of, the fact that he was the son of the deceased Ami Chand Singh. The petitioner procured the necessary certificate and produced the same before the Additional District Magistrate on 27.12.1973 making the prayer for being appointed as Marketing Inspector. The Regional Food Controller through the letter dated 16th August, 1974 forwarded the application of the petitioner to the Commissioner, Food and Civil Supplies for taking necessary steps in regard to the same. The petitioner Was appointed as a clerk in the department on 16.10.1974. After being appointed as a clerk, the petitioner was also given ad hoc promotion like other clerks specially during Rabi procurement drives. 2. In the year 1982, a gradation list was prepared on the State basis which was challenged by way of writ petitions at Allahabad and Lucknow. These writ petitions were dismissed upholding the validity of the gradation list. Consequent upon the dismissal, special leave applications were filed before the Supreme Court. The Supreme Court dismissed the special leave applications with certain observations and also noted the undertakings given by the State Counsel. The list, was thereafter amended and finalised. The said gradation list was sent to the Regional Food Controller of the State. After the finalisation of the gradation list some of the Marketing Inspectors, who were previously working on ad hoc basis were reverted to their original posts. 3. The list, was thereafter amended and finalised. The said gradation list was sent to the Regional Food Controller of the State. After the finalisation of the gradation list some of the Marketing Inspectors, who were previously working on ad hoc basis were reverted to their original posts. 3. The present writ petition was filed claimed that the reversion of the petitioner made through the order dated 30th April, 1985 was illegal and that for correction of the seniority list. 4. We are of the opinion that none of the two points raised in this writ petition has any substance. The petitioner was an ad hoc Marketing Inspector having been promoted as a stop gap arrangement for the purpose of meeting with the increased work. He had not been selected for being appointed as such under the U.P. Food and Civil Supplies (Supply Branch) Subordinate Rules 1980. Rule 16 lays down the procedure for recruitment by promotion to the post of Marketing Inspectors and Senior Marketing Inspector. The Petitioner cannot acquire any right to continue to work as Marketing Inspector on the basis of his ad hoc appointment. It was also suggested by the counsel for the petitioner that as the petitioner's father was working as Senior Marketing Inspector the petitioner was entitled to get the post under the U.P. Recruitment of Dependents of Governments Servants Died in Harnes Rules 1974. The submission has no merit. Under Rule 5, one member of the family of the Government Servant, who died in harness, after the commencement of Rules, 1974 would be entitled to be given the suitable employment in Government Service which is not within the purview of the State Public Service Commission. The normal Recruitment Rules provided that such members fulfills the educational qualification prescribed for the post and is also otherwise qualified. The contention of the petitioner, therefore that the petitioner became entitled to be appointed as Marketing Inspector cannot be accepted. From paragraph 7 of the counter - affidavit, it appears that after the reversion order was passed, he handed over the charge and assumed the duty of the Clerk. During the Rabi Procurement Drives, he was again given ad hoc promotion on the post of the Marketing Inspector which continued up to 31st August, 1985. From paragraph 7 of the counter - affidavit, it appears that after the reversion order was passed, he handed over the charge and assumed the duty of the Clerk. During the Rabi Procurement Drives, he was again given ad hoc promotion on the post of the Marketing Inspector which continued up to 31st August, 1985. The averment made in the writ petition that the persons who were junior to the petitioner had been continued to work as Marketing Inspectors has been denied in the counter-affidavit. There is nothing before us to disbelieve the counter affidavit. 5. As the reversion of the petitioner to the original post was not by way of punishment, no opportunity of hearing was required to be given to the petitioner. 6. In the result, the writ petition fails and is dismissed. There shall be no order as to costs. The interim stay order dated 21.8.1985 is vacated.