7.2.83 in the pay scale of Rs.1250 2050.
This order of reversion was challenged by the appellant before the Lucknow Bench of the Allahabad High companyrt in Writ Petition No.
3849/92 before the High Court are the following On the companying into force of the U.P. Urban Planning and Development Act, 1973, the Development Authorities were companystituted for the declared development areas.
Ultimately, the High Court dismissed the Writ Petition of the appellant.
1.7.79.
emphasis supplied However, the Authorities, without numbericing the judgment dated 22.7.87 of the Allahabad High Court, gave promotion to the appellant to the post of Town Planner on 29.7.87 in the pay scale of 1250 2050.
for our purpose, the following four posts need a reference Mukhya Nagar Niyojak 1780 2300 Nagar Niyojak 1250 2050 Sahayak Nagar Niyojak 850 1720 Vastuvid Statistical Assistant 570 1100 As companytemplated under the Centralised Services Rules, the appellant was absorbed as Assistant Town Planner Assistant Architect which post the appellant was holding when he was reverted in the pay scale of 850 1720 by an order dated 14.5.87.
Pursuant to that, in the meeting held on 15.10.76.
As against the above history of the appellant, let us number look into the service record of the second respondent.
Pursuant to that, in the meeting held on 15.10.76, the Vice Chairman of the Lucknow Development Authority Intimated about the creation of posts in the planning Section inter alia Assistant Architect and Executive Officer RBO .
For this, the second respondent was preferred and given appointment on 6.7.1992.
Later on, the U.P. Development Authorities Centralised Services Rules, 1985 were framed under Section 5 A read with section 55 of 1973 Act.
The appellant joined the service as Assistant Architect on 7.2.77.
Aggrieved by the decision of the High Court, the present appeal by special leave has been preferred by the appellant.
The judgment of the Allahabad High Court was given effect to by the Authorities by making an entry in the service Book of the appellant on 13.6.1991 to the effect that the appellant stood promoted to the post of Architect w.e.f.
A proposal for creation of certain posts in the planning Section of the Lucknow Development Authority was moved for companysideration on 3.3.76.
7.92, moved the Allahabad High Court, Lucknow Bench, with a prayer for the issue of Writ of Certiorari to quash the selection of the second respondent as Chief Town Planner Mukhya Nagar Niyojak and also for the issue of Writ of Mandamus directing the first respondent to companysider his case for the post of Chief town Planner and to promote him to the said post with companysequential benefits.
1929/83 on 14.4.83.
it must be numbered that as per the Allahabad High Court judgment, which was given effect to subsequently on 13.6.91, for the appellant was holding the post of Architect in the pay scale of 1250 2050 w.e.f.
1929/83 and which enabled the appellant to draw salary in the pay scale of 1250 2050 from 7.2.83, held that he was promoted in the pay scale of 1250 2050 only on 13.6.91 when the entry was made on that date in the Service Book of the appellant.
7.2.83.
This order of absorption was passed when the matter was pending before the Allahabad High Court, which was disposed of only on 22.7.87, as numbericed above, allowing the appellants case.
By a letter of appointment dated 29.12.76, the appellant was appointed on the post of Assistant Architect in the pay scale of 55.
The said Authority had the power to appoint officers and employees for the performance of functions entrusted to it under Section 5 2 of the 1973 Act.
Even though, the High Court numbericed the judgment allowing the writ Petition No.
Bareilly, as per the order dated 6/7.
The High Court was of the view that the post of Executive Officer RBO held by the appellant was number a cadre post in the Centralised Services Rules and he was absorbed in a lower grade when the second respondent was holding a post in the higher grade.
However, the appellant was reverted to the original post of Assistant Architect by an order dated 2.4.83.
One such Development Authority companystituted in September, 1974 was the Lucknow Development Authority.
These Rules came into force on and from 25.6.85.
Subsequently, the appellant was promoted on ad hoc basis as Executive officer RBO on 7.2.83 in the pay scale of 800 1450, which was subsequently revised as 1250 2050 with effect from a date prior to 7.2.83.
Hence, the appellant moved the Allahabad High Court, Lucknow Bench, for the relief mentioned above by filing W.P. 3849/92.
7.2.83.
Venkataswami, J. The appellant, feeling aggrieved by the promotion given to the second respondent herein as chief Town planner.
According to Rule 3, certain posts in the cadre of service of Town Planning and Architectural were enumerated.
