COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 776/2003 Nandan Singh Negi …….Petitioner Versus State of Uttaranchal Through its Secretary, Revenue Department, Dehradun & Others. ……Respondents Sri V.B.S. Negi, learned Counsel for the petitioner. Sri H.M. Raturi, learned Standing Counsel for the respondents. 6th May, 2008 Hon’ble P.C. Verma, J. By means of this writ petition, the petitioner has prayed for a writ of certiorari for quashing the order dated 30.7.2003, contained as Annexure No. 1 to the writ petition, passed by the Additional District Magistrate (Nazul), Udham Singh Nagar in compliance of the order dated 29.7.2003 passed by the District Magistrate, Udham Singh Nagar, reverting the petitioner from the post of Registrar Kanoongo to Assistant Registrar Kanoongo. 2. Facts, in brief, are that the petitioner was initially appointed as Patwari on 1.2.1978. Petitioner was promoted to the post of Assistant Registrar Kanoongo vide order dated 1.7.1991. Thereafter petitioner was given notional promotion to the post of Assistant Registrar Kanoongo with effect from 24.11.1988 by the order dated 19.5.1995 (Annexure 2 to the writ petition) passed by the District Magistrate on the representation of the 2 petitioner. Thereafter petitioner was confirmed on the post of Assistant Registrar Kanoongo. Vide order dated 3.6.2003, contained as Annexure No. 3 to the writ petition, passed by the Additional District Magistrate (Nazul), Udham Singh Nagar, the petitioner was promoted to the post of Registrar Kanoongo and transferred to Tehsil Bazpur from Tehsil Sitarganj. Thereafter, the petitioner was reverted to the post of Assistant Registrar Kanoongo from the post of Registrar Kanoongo by the order dated 30.7.2003, which is under challenge in this writ petition. 3. I have heard learned Counsel for the parties and have perused the record. 4. By the order dated 3.6.2003, three Assistant Registar Kanoongos including the petitioner were promoted to the post of Registrar Kanoongos having the same pay scale. Prior to the said order, an order dated 25.4.2003 was passed by the Commissioner, Kumaon Division, Nainital, whereby one Sri Ramesh Singh Chauhan, Registrar Kanoongo was promoted to the post of Assistant Land Record Officer. However, subsequently, Sri Ramesh Singh Chauhan was reverted back to his original post of Registrar Kanoongo by the Commissioner vide his order dated 19.6.2003. As such, the vacancy created by the promotion of Sri Ramesh Singh Chauhan became non-existent. Therefore, in such circumstances, in order to accommodate Sri Ramesh Singh Chauhan on the post of Registrar Kanoongo, the junior most Registrar Kanoongo had to be reverted back as Assistant Registrar kanoongo. Since the petitioner was junior most in the said category, he was reverted back to the post of Assistant Registrar Kanoongo. It is undisputed that the 3 pay scales of Assistant Registrar kanoongo and Registrar kanoongo are equal. 5. The posts of Assistant Registrar Kanoongo and Registrar Kanoongo are district level cadre posts. Petitioner was transferred as Assistant Registrar Kanoongo from district Almora to district Udham Singh Nagar on his own request and as such, as per rules, the services rendered by the petitioner in the other districts cannot be reckoned for the purpose of seniority in the district where he was transferred on his own request and the petitioner shall be placed at the bottom of seniority list. 6. It has been averred by the petitioner in the writ petition that juniors to him, viz., Jagdish Prasad and Bhuwan Chandra have been retained on the post of Registrar Kanoongo while the petitioner has been reverted back to the post of Assistant Registrar kanoongo. In the gradation list of Assistant Registrar Kanoongo of district Udham Singh Nagar, the name of Jagdish Prasad in the seniority list figures at serial number 4, whereas the petitioner is placed at serial no. 10 in the said seniority list. So far as Bhuwan Chandra is concerned, he belongs to Scheduled Caste category and has been promoted as Registrar Kanoongo against the reservation quota for Scheduled Caste category. Therefore, I do not find any substance in the contention made on behalf of the petitioner that the juniors to him have been retained on the post of Registrar kanoongo. Undisputedly, the order of reversion has not been passed by way of punishment. No allegation of any malafide has been made in the writ petition. I do not find any infirmity 4 or illegality in the impugned order and no discrimination has been made by the respondents. 7. For the reasons recorded above, the writ petition is devoid of merit and is dismissed accordingly. No order as to costs. (P.C. Verma, J.) Prabodh