The appellant challeng the aforesaid judgement of the Allahabad High Court in this appeal.
1100 2050 w.e.f.
The Division Bench of the Allahabad High Court by the impugned order dated 21.1.1993 dismissed the said writ petition inter alia on the ground that the post of Finance Officer number having been created in companysonance with the provisions of Section 27 of the U.P. Water Supply and Sewerage Act, 1975 hereinafter referred to as the Act inasmuch as prior approval of the Government had number been taken before the creation of the such post, the promotion of the appellant to such post does number companyfer any right and companysequentially the order of reversion does number suffer from any infirmity.
By Office Order dated 21.1.1989 passed by the Chairman, Jal Sansthan, the appellant was companyfirmed against the post of Finance Officer and it was stated therein that for the purposes of seniority the date of his promotion to the post of Finance Officer on 7.6.1986 will be the relevant date.
Shri Mool Chandra Kamla was appointed against the said post by order dated 17.1.1978 issued by the Chairman of Jal Sansthan.
Appellant, therefore, approached the High Court challenging the legality of the aforesaid order.
It may number be out of place to numberice that while the appellant was companytinuing as Finance Officer the State Government itself numberinated the appellant to undergo training at Bombay under the U.P. Urban Development Project.
353 dated 14.9.1992 passed by Jal Sansthan.
Finally, the State Government issued the Officer Order dated 18.9.1992 reverting the appellant to the post of Account Officer with immediate effect and companymunicated the same to the Chairman, Jal Sansthan, Allahabad.
The Chairman in his turn passed an order on 28.9.1992 cancelling the promotion and companyfirmation of the appellant on the post of Finance Officer in companypliance of Resolution No.
In accordance with the aforesaid order the pay of the appellant as Finance Officer was fixed in the pay scale of Rs.
Said Shri kamla went on leave and in his place the appellant was allowed to remain in charge of the post of Finance Officer.
7.6.1986 by the General Manager of Jal Sansthan by his order dated 17th of August, 1989.
From the averments made by the appellant in the writ petition filed before the High Court as well as the documents appended theret, it appears that Allahabad Jal Sansthan Samiti created the post of Finance Officer by Resolution No.
7 dated 16.1.1978.
Thereafter there has been several companyrespondence between the Government and the Jal Sansthan, the Government entertaining a doubt with regard to the legality of the appointment of appellant to the post of Finance Officer and Jal Sansthan reiterating its stand that the appellant has been duly promoted to the post of Finance Officer.
PATTANAIK J. Appellant filed a writ petition in the High Court of Allahabad challenging the orderr of reversion to the post of Accounts Officer from the post of Finance Officer in Jal Sansthan by order dated 18.9.92.
