Hon’ble Arun Tandon, J.—These two writ petitions have been filed by the same petitioner practically for the same relief and, therefore, both the writ petitions have been clubbed together and are being decided under this common judgment.

Facts in short giving rise to the present writ petition are as follows :

2. Petitioner before this Court was appointed on 31.12.1979 as Accounts Clerk in U.P. Paschimi Kshetriya Vikas Nigam Limited, Bareilly. With the closure of the said corporation, the petitioner was absorbed under an order of the High Court dated 30.9.1992 as Assistant Accountant in the Collectorate at Pilibhit vide order dated 26.2.1994.

3. On the recommendation of the Samta Samiti, 1989, the Government of Uttar Pradesh took a decision to adjust the cadre strength of the posts of Accountants and Assistant Accountants in Government Treasury in various districts throughout the State of Uttar Pradesh in the ratio of 80:20.In terms of the said decision, it was decided that the increased posts of Accountants after such revision of cadre strength shall be filled in the accordance with the statutory Rules applicable including Government Orders pertaining to the method of appointment on the post in question. It was specifically provided that the appointments may be made on the post of Accountant from those who have worked as Assistant Accountant for at least 3 years. The mode and manner of appointment as Accountant after such fixation of cadre strength in the ratio of i.e. 80:20 was detailed under the Government Order dated 18.6.1999. Certain queries were made, therefore, a clarification was issued under the Government Order dated 25.5.2000. The Government Order dated 25.5.2000 which is on record of the present writ petition provides as follows:

(A) Appointment on the post of Accountant shall be made as per the Statutory Rules and the Government Orders applicable qua appointment on the post of Accountant.

(B) The total number of post as existing on 31.3.1989 alone shall be taken into consideration for the purpose of fixing the ratio of 80:20.

(C) An Assistant Accountant who completed three years of service would be entitled to be appointed as Accountant.

(D) Such method of appointment shall also apply to Assistant Accountant who complete three years of regular service on a date subsequent to the Government Order dated 31.3.1989.

4. It is clear from the Government Order that appointment of Assistant Accountant as Accountant after revision of the cadre strength in the ratio of 80:20 had to be made in accordance with the Statutory Rules and the Government Order which regulated the appointment on the post. It is not in dispute that under the Rules/Government Orders applicable on the relevant date, there was a reservation of 21% in favour of the Scheduled Caste category candidates, on the post to be filled by promotion as well as direct recruitment.

5. It is not in dispute that in Government Treasury at Pilibhit as on the cut of date i.e. 31.3.1999, there were four posts of Accountant and 15 post of Assistant Accountant, the total number of posts would work out to 19. Calculated on that basis the ratio of 80:20 would result in there being 15 posts of Accountant and 4 posts of Assistant Accountant.

6. As against 15 posts of Accountant after applying the reservation of 21%, 3 posts would be required to be reserved in favour of Scheduled Caste candidates.

7. The District Magistrate, Pilibhit however made an order on 12.11.1999 i.e. after issuance of the relevant Government Order dated 18.6.1999 which was clarified vide Government Order dated 25.5.2000 promoting as many as 16 persons as Accountant. The name of the petitioner is mentioned at serial No. 16. In the said list, only 2 persons belonging to the Scheduled Caste category were so appointed.

8. Respondent No. 4, who is a member of Scheduled Caste on completing 3 years of service in the year 2000 raised an objection to the promotion of the petitioner as Accountant on the ground that one mo