HIGH COURT OF UTTARANCHAL AT NAINITAL Reserved Civil Misc. Writ Petition No. 204 (S/S) of 2000 Sri Hari Bilas Upreti …………….. Petitioner Versus Commissioner/Registrar, Cooperative Sopcieties, U.P. and others ……………. Respondents …… Hon’ble P.C. Verma,J. By means of this writ petition, the petitioner seeks the writ of mandamus commanding the respondents to promote him with effect from the date from which juniors to him have been promoted to the post of Assistant Registrar, Co-operative Societies. The petitioner was appointed to the post of Co-operative Supervisor on 7.1.1966 by respondent no.1 and the petitioner joined on the post in March, 1966. The petitioner was promoted from the post of Co-operative Supervisor to the post of Cooperative Inspectror Grade-II vide order dated 23.5.1978, and the petitioner joined on promoted post on 27.5.1978 which is evident from the Annexure 1 to the writ petition. The petitioner was sent on deputation to U.P. Cooperative Land Development Bank, Pithoragarh, where he joined his duties on 8.12.1978. While the petitioner was on deputation, he was reverted from the post of Cooperative Inspector Grade II vide order dated 19.12.1978.Despite the aforesaid reversion, the petitioner was not relieved by the borrowing bank and was allowed to continue upto 15.1.1981. Meanwhile, the petitioner made several representations against his reversion that he has been reverted arbitrarily without any basis or reason. The petitioner also filed a writ petition before the Allahabad High Court bearing writ petition no.29631 of 1998, which was disposed of vide order dated 14.02.1998 with a direction to the concerned authority to decide the representation of the petitioner within two months. In compliance of the aforesaid direction, Additional Registrar (Administration) decided the representation of the petitioner. The order passed by the Addl. Registrar(Administration), Cooperative Societies U.P., Lucknow is contained in Annexure ‘4’ to the writ petition, which reads as under: **ekuuh; mPPk U;k;ky; bykgkckn esa Jh gjh foykl mizsrh }kjk nk;j fjV ;kfpdk la[;k 29631@98 gfj foykl mizsrh cuke fuca/kd lgdkjh lfefr;k ,ao vU; esa ikfjr vkns”k fn0 14-09-91 ds vuqikyu ds dze esa Jh gfj foykl mizsrh lgdkjh fujh{kd oxZ &2 }kjk foHkkx dks izLrqr izR;kosnu fnukad 29-12-97 rFkk 27-01-98 dk lE;d :Ik ls fopkjksijkUr fUkLrkfjr djrs gq;s Jh mizsrh dks bl dk;kZy; ds i= la[;k 4182@LFkk0 o @ 1,&4 fn0 31-01-2001 }kjk lwfpr fd;k tk pqdk gS fd Jh mizsrh dks o’kZ 1978 esa fn0 19-12-78 ls e.Myh; mifuca/kd dqekW;w e.My uSuhrky ds vkns”kkuqlkj iqUk% jktdh; Ik;Zos{kd in ij rSukr djus dh frfFk ls fn0 19-01-92 dks mudh fujh{kd oxZ&2 ij fu;fer inksUufr gksus dh frfFk rd uks”kuy izksUufr fn;s tkus dk Ik;kZIr vksfPkR; ik;k x;kA ;g rF; fufoZokn gS fd fn0 23-05-78 dks Jh mizsrh jktdh; Ik;Zos{kd ds in ls lgdkjh fujh{kd oxZ &@2 in ij rnFkZ :i ls e.Myh; mifuac/kd dqek;qW e.My }kjk izksUufr fd;s x;s FksA rFkk fna 19-12-78 dks iqu% jktdh; Ik;Zos{kd ds in ij e.Myh; mifuca/kd }kjk mudks rSukr fd;k x;kA o’kZ 1978 esa e.Myh; mifuca/kd dks ;g vf/kdkj izkIr FksA Jh mizsrh dk eq[; fcUnq muds izR;kosnuksa esa ;gh Fkk fd muds dfu’B jktdh; Ik;Zos{kd Jh dfo nRr ikBd o’kZ 1978 esa rnFkZ inksUufr ds Ik”pkr lgdkjh fujh{kd oxZ&2 ds in ij cus gh jgs tcfd Jh mizsrh dks iqu% jktdh; Ik;Zos{kd ds in Ikj rSukr dj fn;k x;kA blh eq[; fcUnq dks /;ku esa j[kkrs gq;s Jh mizsrh dks fna0 19-12-78 ls lgdkjh fujh{kd oxZ&2 ds in ij uks”kuy izksUufr nsus dks fu.kZ; fy;k x;k] rkfd lgdkjh fujh{kd oxZ&2 ds in ij lsok vof/k ds dkj.k vxzsRrj izksUufr;ksa esa rFkk lsokfuo`r ds mijkUr isa”kujha ykHk esa Jh mizsrh vius dfu’B Jh dfonRr ikBd ds lkis{k csgrj fLFkfr esa jgsaA Jh mizsrh ds iz;kosnuksa ij ijh{k.k ds le; bl fcUnq ij Hkh fopkj fd;k x;k fd D;k Jh mizsrh dks o’kZ 1978 ls lgdkjh fujh{kd oxZ &2 ds in ds osrueku dk vUrj fn;k tk ldrk Fkk vFkok ughA bl fcUnq ij HkyhHkkar ijh{k.k fd;k x;k vkSj ;g fu.kZ; fu;k x;k fd o’kZ 1978 esa lgdkjh fujh{kd oxZ &2 ds in ij Jh mizsrh dh inksUufr fu;fer ugh Fkh] dsoy rnFkZ inksUufr FkhA ftldks rRdkyhu l{ke vf/kdkjh] e.Myh; mifuca/kd dqek;qW e.My }kjk lekIr djrs gq, mudks iqu% fnukad 19-12-78 ls jktdh; Ik;Zos{kd ds in ij rSukr dj fn;k] bl gsrq Hkh e.Myh; mifuca/kd l{ke FksaA vr% u rks Jh mizsrh fof/kor izksUur Fks vkSj u gh mudk iqu% jktdh; Ik;Zos{kd ds in ij rSukr fd;k tkuk n.MkRed dk;Zokgh FkhA vr% Jh mizsrh dks o’kZ 1978 ls gh jktdh; Ik;Zos{kd ,oa lgdkjh fujh{kd oxZ &2 ds osru dk vUrj fn;s tkus dk vkSfpR; ugh gS] D;ksfd Jh miszrh lgdkjh fujh{kd oxZ &2 ds in fof/kor fn0 19-01-92 dks gh igyh ckj inksUur fd;s x;sA vr% e.Myh; lgdkjh lfefr;k mRrj izns”k dqek;Wq e.My uSuhrky ds vkns”k la[;k 2927&31@LFkk0 oxZ &2 fn0 19-12-78 }kjk Jh gfj foykl mizsrh ds iqu% jktdh; Ik;Zos{kd in ij rSukr djus dh frfFk 19-12-78 ls Jh mizsrh dks lgdkjh fujh{kd oxZ &2 @lgk;d fodkl vf/kdkjh ¼lg0 ½ ds in ij uks”kuyh inksUur fd;k tkrk gS A** From the perusal for the aforesaid order it is evident that the petitioner has been given notional promotion from 1978, meaning thereby that the promotion to the petitioner from 1978 has been regularized as the order of his reversion was found to be illegal as his junior was promoted in the year 1978 and he was reverted. It is on the basis of the aforesaid regularization and notional promotion, the petitioner claims his seniority from 1978 and further claims that promotion on the post of Co-operative Inspector Grade I and Assistant Registrar, Co-operative Societies be considered treating him to have been appointed as Co-operative Inspector Grade II in the year 1978. Although the petitioner’s appointment from 1978 to 1992 has been treated to be ad hoc but in the order quoted above, it has not been decided as to when the vacancy to be filled up by promotion occurred on which the petitioner could be regularized. How the promotion of the petitioner was ad hoc has not been clearly stated in the order quoted above. Since, the petitioner has been given notional promotion vide the order quoted above from 1978, therefore, the petitioner is continuing in service in the cadre of Co-operative Inspector, grade II Since 1978. The law is well settled. The seniority of the promote shall be reckoned from the date of his ad hoc promotion if the vacancy in the quota to be filled up by promotion is available in the year in which his ad hoc promotion is made. In the instant case, the petitioner has been given promotion vide order quoted above from 1978, which itself proves that the vacancy to be filled up by promotion was available in the year 1978. Therefore, the petitioner’s seniority in the post of Co-operative Inspector Grade II shall be reckoned from the year 1978. The petitioner has given specific name of Sri Harish Chandra Singh Rawat, Sri Umrab Singh Saini, Mohammad Vadir, Awdhesh Narayan Tripathi, who were appointed in the year 1980 directly as Co-operative Inspector Group-II have been given promotion to the post of Co-operative Inspector Grade I and thereafter on the post of Assistant Registrar, Co-Operative Societies. Thus, the writ petition is allowed. A writ of mandamus is issued to the respondents to consider the case of the petitioner for the post of Co- operative Inspector Group-I and Assistant Registrar, Cooperative Societies from the date in the post his juniors have been promoted and grant him all production of the certified copy of this order. (P.C. Verma,J.) January 16,2002 P.Singh