JUDGMENT

J.M.L. Singha, J. - This appeal is directed against the decision dated 13th December 1973 passed by a learned Single Judge in Civil Misc. Writ No. 5291 of 1971.

2. The facts in so far as they are relevant for the disposal of this appeal can be stated thus :-

The petitioner appellant was appointed as chief Artist and Designer in the Government Press, U. P., Lucknow on selection by the Public Service Commission. He was made permanent on that post with effect from 1st April 1962. In 1968 the post of Chief Artist and Designer was re-designated as Deputy Superintendent (Designs), but that post was declared to be ex-cadre post, as it was not included in the U. P. Specialists Service (Government Press Officers) Rules, 1931. The respondent No. 2 was appointed as Assistant Superintendent in 1955 and he was confirmed on that post with effect from 1st April 1960. In 1961 he was promoted to the post of the Joint Superintendent and was confirmed in the year 1964. In April 1967 the post of Superintendent, Printing and Stationery fell vacant. The State Government first decided to fill that post by direct recruitment but later, on a representation of the officers of the department, the Sta