Hon’ble Arun Tandon, J.—Heard Sri P.N. Saxena, Senior Advocate assisted by Sri S.N. Tiwari Advocate on behalf of the petitioner, Standing Counsel on behalf of the State Respondents and Sri R.N. Singh, Senior Advocate on behalf of the Judicial Officer.

2. Affidavit filed on behalf of Judicial Officer in response to the order of the Court dated 18.8.2009 may be taken on record.

3. Facts giving rise to the present writ petition are as follows :

Dharma Samaj Inter College, Aligarh is an aided and recognized Intermediate College. The provisions of the U.P. Intermediate Education Act and the Regulations framed thereunder as well as those of U.P. High School and Intermediate Colleges (Teachers and Other Employees) (Payment of Salary) Act, 1971 (hereinafter referred to as ‘Act, 1971’) are fully applicable to the teachers and staff of the said institution.

4. One Mahavir Prasad Sharma retired from the post of Head Clerk on 31.7.2008. The petitioner Banwari Lal Upadhyay, claiming himself to be the senior most person working on Class-III post in the institution, set up a claim for promotion on the post of Head Clerk. By means of the order of the Authorized Controller dated 15.6.2009 one H