JUDGMENT

MOHAN, J.—Leave granted.

2. Both these appeals arise out of the dismissal of Civil Misc, Writ Petition Nos. 24720 of 1992 and 32100 of 1992 filed by the appellant herein before the High Court of Allahabad.

3. The short facts are as under:

In terms of G.O. No. 2626/30-3-84-32-G.E/72 dated September 17, 1984 the post of Additional Transport Commissioner in Uttar Pradesh Government Services is to be filled in by promotion from among the senior most Deputy Transport Commissioners who have completed five years continuous service as such. Initially, the senior most Deputy Transport Commissioner is appointed ad hoc and promoted to the post of Joint Secretary (Transport) which is an ex-cadre post in the Secretariat. Thereafter, he is posted as Additional Transport Commissioner. In accordance with this procedure, the appellant who was the senior most Deputy Transport Commissioner was promoted to the post of Joint Secretary (Transport). He continued on that post till September 11, 1990. The post of Joint Secretary is a secretarial post while the post of Additional Transport Commissioner is a departmental post.

4. During the tenure of the appellant as Joint Secretary, one Shri R.D. Mishr