SUDHIR AGARWAL, J.

The petitioner has challenged the order dated 22-4-1997 issued by U. P. Higher Education Services Commission, Allahabad whereby respondent No. 3 working as junior clerk has been attached with account section of the Commission.

2. The contention of the petitioner is that aforesaid order dated 22-4-1997 is nothing but an order promoting the respondent No. 3 to the post of junior clerk and has been issued without holding any selection and without finalizing the seniority list of Class-IV employees and that action of the respondent is in violation of this Courts order dated 20-3-1991 passed in the writ petition No. 1409 of 1989, Rajendra Prasad Singh v. U. P. Higher Education Services Commission & Ors.

3. In brief the case of the petitioner is that he was appointed as Daftari in pay scale Rs. 170-225 (revised to Rs. 315-440 and Rs. 775-1025) vide order dated 20-8-1982, (Annexure-1 to the writ petition ). The petitioner was appointed on ad hoc basis against a temporary post and it is mentioned in the order of appointment that the services of petitioner is liable to be terminated at any time without any prior notice. Subsequently vide order dated 9-4-1984 (Annexure-2 t

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