JUDGMENT :

Sudhir Agarwal, J.

1. Heard Sri Bhoopendra Nath Singh, learned counsel for petitioner and learned Standing Counsel for State-respondent.

2. This writ petition under Article 226 of Constitution of India has been filed challenging order dated 10.12.2003 (Annexure 1 to writ petition) whereby officiating temporary promotion of petitioner from Class IV post to Junior Accounts Clerk has been cancelled and he has been reverted to his substantive post of Messenger (Patrawahak).

3. Pursuant to Selection Committee's recommendation dated 11.11.1995, petitioner was appointed as Class IV employee on the post of Messenger (Patrawahak) vide order dated 02.01.1996 passed by District Development Officer, Bhadohi (hereinafter referred to as “D.D.O.”) against an existing vacancy in Development Block, Barshathi, District-Jaunpur. He was confirmed in Class IV post by order dated 18.09.2000 with effect from 01.11.1998. Thereafter, petitioner was promoted as 'Junior Accounts Clerk' on temporary and officiating basis, and posted at Development Block, Dobhi by District Development Officer, Jaunpur.

4. Vide Government order dated 30.09.2003 cadre of Junior Accounts Clerk was declared 'dying cadre' and it was provided that those 'Junior Accounts Clerk' who are presently getting salary in scale of Rs.4000-6000/-, under time bound scheme, they shall be redesignated as 'Assistant Accountant'. It also provided that cadre of 'Accounts Clerk' and 'Assistant Accountant' shall be merged and be redesignated as 'Assistant Accountant' in the scale of Rs.4000-6000/-.

5. Petitioner claims that his promotion was made pursuant to recommendation made by Departmental Promotion Committee (hereinafter referred to as “D.P.C.”) but without any show cause notice or opportunity, by means of impugned order dated 10.12.2003, said promotion has been cancelled by D.D.O., Jaunpur and petitioner has been reverted to his substantive post of Messenger (Patrawahak).

6. A counter affidavit has been filed by respondents stating that in District-Jaunpur, under D.D.O., sanctioned posts of Junior Clerk (Group C) are 27 while those of Junior Accounts clerk are 15. 20 percent Class III posts are to be filled in by promotion of Class IV employees in accordance with procedure prescribed in Government Orders dated 01.01.1970, 21.08.1976, 19.05.1979 and 31.08.1982. For considering eligible candidates for promotion, a seniority list is prepared. Thereafter on the basis of merit and seniority, promotions are made. The then D.D.O. Sri Lal Bahadur Singh was transferred and charge was given to Sri Sharad Kumar Verma, Accounts Officer, who was on deputation in District Rural Development Authority (hereinafter referred to as “DRDA”) and could not have exercised powers of D.D.O., but he made illegal promotions on ad hoc/officiating basis. Therefore, departmental enquiry was recommended against Sharad Kumar Verma and another official namely, Sri Vishu Dutt Chaubey, Stenographer, who was placed under suspension vide order dated 25.11.2003. Charge sheet was also served upon him vide order dated 29.11.2003. Alleged order of promotion was issued ignoring seniority of other two class IV employees, Rajesh Kumar and Sunil Kumar, who were senior to petitioner and without following procedure i.e. written test and interview, which is a procedure prescribed under the Rules for promotion of Class IV employees to Class III.

7. In rejoinder affidavit filed by petitioner it is said that in Group C , cadre of 'Junior Clerk' and 'Junior Accounts Clerk' are different. Qualification of Junior Clerk is Intermediate while for Junior Accounts Clerk it is Intermediate with Commerce and Accountancy. Promotion made from Class IV to Class III is to be made as per Rules, on the basis of written test and interview and those Class IV employees who have completed 5 years of continuous service, are entitled to be considered f