HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 29 Case :- WRIT - A No. - 28970 of 2010 Petitioner :- Mohd. Fasiuddin And Others Respondent :- State Of U.P. And Others Petitioner Counsel :- Anil Bhushan,Shailesh Srivastava Respondent Counsel :- C. S. C.,A. K. Mehrotra,A.K. Mishra,Sandeep Kumar Srivastava Hon'ble Sunil Ambwani,J.
Hon'ble Manoj Misra,J.
The petitioners claim seniority amongst 321 persons, who had appeared in the written examinations on 10.4.2000 and were interviewed from 20.6.2000 to 28.6.2000. On account of intervention by Lucknow Bench of the High Court at the instance of the persons claiming promotion, 33% of the posts were not filled up. The petitioners were within the 33% posts, which could not be filled up at that time, along with 126 persons appointed on 30.12.2000. The Court vacated the interim orders on 19.8.2005 and consequently the petitioners were appointed between 24.2.2006 to 28.4.2006. In the meantime 99 posts were advertised on 8.10.2004 and were filled up in 1999. In short the petitioners are claiming seniority alongwith their batch in accordance with the service rules, and have relied upon Balwant Singh Narwal and others vs. State of Haryana and others (2008) 7 SCC 728.
Shri Anil Kumar Mehrotra has raised preliminary objections to the maintainability of the writ petitions without impleading the persons, whose seniority will be affected, if the writ petitions are allowed. He also pointed out that the petitioners have also challenged the results in the selections of the year 2000, without impleading the persons (amongst 126), who will be affected. Shri Mehrotra also submits that the Rules have since been replaced by the new rules. The petitioners have relied upon Seniority Rules of 1999, which are applicable to the employee of the State Government. In respect of the Corporation employees the Seniority Rules of 1998 are applicable. He has also pointed out that in similar matters the writ petitions were disposed of relegating the petitioners to alternative remedy.
We allow the prayer of Shri Shashi Nandan appearing for the petitioners and permit him to move an appropriate applications for impleadment and amendment as the petitioners may be advertised. The required applications may be filed within a week.
Let counter affidavit be filed within two weeks thereafter.
List on 6.1.2012.
Order Date :- 1.12.2011 RKP