Civil Misc. Writ Petition No. 16378 of 2008. Case: Raghubansh Bihari Jauhari Vs State of U.P. and Others. High Court of Allahabad (India)
| Case Number | Civil Misc. Writ Petition No. 16378 of 2008 |
| Counsel | For Appellant: Suresh Chandra Verma, Murtuza Ali and R.C. Saxena, Advs. |
| Judges | Ran Vijal Singh, J. |
| Issue | Constitution of India - Articles 14, 226 |
| Citation | 2012 (7) ADJ 161 |
| Judgement Date | February 07, 2012 |
| Court | High Court of Allahabad (India) |
Judgment:
Ran Vijai Singh, J.
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The petitioner claiming himself to be Excise Inspector, retired from service on 30.6.2007, has filed the present writ petition with the following prayer:
(i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 11.12.2007 passed by the respondent No. 2, contained in Annexure 3.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to fix salary of petitioner at par with other Excise Inspector who were junior to petitioner and considering petitioner to have been promoted as Excise Inspector on 26.6.1995 and accordingly make payment of arrears of back wages and other retiral benefits, pension etc.
(iii) Issue any other writ, order or directions, as this Hon'ble Court deems fit and proper in the circumstances of the case.
(iv) Award the cost of writ petition in favour of the petitioners.
Vide order dated 11th December, 2007, the Deputy Excise Commissioner has rejected the representation of the petitioner dated 19.9.2007 which was made for demanding the notional promotion with all consequential benefits with effect from 26.6.1995. The demand was made on the ground that five persons namely Sri Badri Vishal Singh, Jai Prakash Singh, Virendra Kumar Pandey, Prem Chandra Dwivedi and Anand Gaur who were shown junior to the petitioner in the seniority list of 1992 were given promotion on the post of Excise Inspector, whereas the petitioner being senior in that seniority list was not promoted on the post of Excise Inspector. It appears that not only in the case of the petitioner, this type of illegalities have been committed through out the State and various representations have been filed, ultimately the matter went to the Apex Court. The Apex Court, vide order dated 14th September, 2000, has directed to revert those persons who have wrongly been promoted and further directed to prepare a fresh seniority list. Pursuant thereto, a fresh seniority list was prepared in the year 2001 to be more specific on 15.3.2001 in which petitioner has been shown senior to all those five persons with whom he is seeking parity.
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It is also noticeable that after the judgment of the Apex Court, those five persons were reverted. However, they have challenged those orders through various writ petitions being Writ Petition No. 22512 of 2001, 28737 of 2001, 29139 (ss) of 2001, 27666 of 2001 and 2915 (ss) of 2001 and obtained interim order and on the strength of interim...
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