Thereafter, he is posted as Additional Transport Commissioner.
In accordance with this procedure, the appellant who was the senior most Deputy Transport Commissioner was promoted to the post of Joint Secretary Transport .
Writ Petition No.
of Uttar Pradesh Department of Transport 3 No.2522/30 3 2 42 G.E. 88 Dated July 10,1992 Appointment Transfer Shri Om Pal Singh Gahalaut Joint Secretary Transport U.P. Government is hereby transferred and appointed as Additional Transport Commissioner H.qs.
The High Court of Allahabad dismissed the Civil Misc.
Paragraph 3 of the G.O. read as follows A suitable officer of the level of Addl.
In Civil Misc.
Transport Commissioner from the Transport Commissioners Organisation may be appointed on the aforesaid past.
The Transport Commissioner also did number obtain orders from the Governor in this behalf and he himself passed the orders in favour of the respondent No.
4 from functioning as Additional Transport Commissioner.
The said Om Parkash ever since the day, he became the Transport Commissioner was trying to oust the appellant from the post of Additional Transport Commissioner as he did number yield to the pressures exerted by Dr. Om Parkash to do illegal works particularly in relation to appointment of the subordinate staff.
250/ special pay.
1840 60 1900 75 2200 100 2400 Rs.
The challenge was on two grounds.
Writ Petition Nos.
When the appellant refused to make these illegal appointments which were recommended by Dr. Om Parkash, he was warned of dire companysequences.
The short facts are as under In terms of G.O. No.
Therefore, he companyld number be posted as Additional Transport Commissioner.
24720/92 32100/92 respectively.
The order dated 8.2.1992 read as follows Nirmal Chandra D.O. Letter No.
These two orders were challenged in Civil Misc.
R.D. Mishra was the Additional Transport Commissioner.
In that vacancy, the appellant was appointed as Additional Transport Commissioner by an order dated 11.9.1990.
32100/92, the challenge was by means of quo warranto restraining the Respondent No.
However, by an order dated 8.7.1992, he was again posted back to the post of Joint Secretary.
You may please direct Mr. Pandey to take charge of the new post without delay.
With regards, Yours Signed Nirmal Chandra Further, order dated July 10, 1992 read as follows Govt.
Writ Petition Nos.
4 was junior to him.
24720/ 92 32100/92 filed by the appellant herein before the High Court of Allahabad.
The second ground of challenge was that it was a demotion though parity of pay might have been maintained.
Accordingly, the writ of certiorari was sought for in Civil Misc.
The fact that the order of transfer of the appellant came to be passed on 8.7.1992 and on 10.7.1992, in that vacancy, the respondent No.
4 for promotion as Additional Transport Commissioner.
This was done in undue haste in clear violation of service rules with a view to accommodate the respondent No.
Therefore, the appellant companyld be transferred as Joint Secretary since there is equation of pay as well as status as is found by the High Court.
According to the appellant, the respondent No.
He companytinued on that post till 11.9.1990.
The post of Joint Secretary is a secretarial post while the post of Additional Transport Commissioner is a departmental post.
Writ Petition No.
During the tenure of the appellant as Joint Secretary, one Shri.
Admittedly, the said Shri R.D. Mishra was senior to the appellant.
2626/30 2 84 32 G.E./72 dated 17.9.1984 the post of Additional Transport Commissioner in Uttar Pradesh Government Services is to be filled in by promotion from among the senior most Deputy Transport Commissioners who have companypleted five years companytinuous service as such.
Writ Petition No.
4 was appointed as Additional Transport Commissioner will clearly establish that the Selection Committee had numberoccassion to meet and companysider the case of the respondent No.
Mohan, J. Leave granted.
Both these appeals arise out of the dismissal of Civil Misc.
He companytinued to work as Additional Transport Commissioner.
Initially, the senior most Deputy Transport Commissioner is appointed ad hoc and promoted to the post of Joint Secretary Transport which is an ex cadre post in the Secretariat.
On 10.7.1992, Shri O.S. Gahalaut was appointed as Additional Transport Commissioner.
24720/92.
One the appellant would number oblige Dr. Om Parkash, the Transport Commissioner who wanted an officer of his own choice as Additional Transport Commissioner.
Shri R.D. Mishra retired in August 1990.
