Allahabad High Court
Brijesh Kumar And 9 Others vs State Of U.P Thru. Secy. Deptt. Of ... on 19 May, 2023
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:35110
Court No. - 8
Case :- WRIT - A No. - 3768 of 2023
Petitioner :- Brijesh Kumar And 9 Others
Respondent :- State Of U.P Thru. Secy. Deptt. Of Irrgation And Water Resource, Gov Of U.P Lko And 2 Others
Counsel for Petitioner :- Deepak Singh
Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Kumar Singh,J.
1. Heard Mr. Seemant Singh, learned counsel for the petitioners, as well as Mr. Prashant Singh Atal, learned Chief Standing Counsel, representing the respondents-State Authorities.
2. The present petition under Article 226 of the Constitution of India seeks following reliefs:-
(a) Issue a writ, order or direction in the nature of Certiorari calling the records of the case and quashing the impugned notification dated 02.05.2023 (Annexure No.9 to the writ petition) passed by the Chairman, Ziledari Eligibility Examination-2023 and Superintendent Engineer VII Circle, Irrigation Work, Lucknow whereby the Ziledari Eligibility Examination-2023 is being conducted by clubbing of the vacancies arising from the year 2018 till 01.06.2023.
(b) Issue a writ, order or direction in the nature of Mandamus directing the respondents to conduct the Ziledari Eligibility Examination in respect of the petitioners treating them to be eligible on account of acquired minimum 5 years in the year 2018 itself against the available vacancies of Ziledar up to the year 2018,
(c) Issue a writ, order or direction in the nature of Mandamus directing the respondents not to allow the respondents to conduct Ziledari Eligibility Examination-2023 in respect of the vacancies of Ziledar having been available up to the year 2018 from those persons working on the post of Irrigation Supervisor (Sich Paryavekshak) having acquired 5 years of service in the year 2019, 2020, 2021, 2022 and till 01.06.2023.
(d) Issue any other suitable........................
(e) Award the cost of the ............................"
3. It is not in dispute that the controversy, involved in the present petition, has been finally settled by this Court vide judgment and order dated 27th April, 2023 passed in Writ-A No.8335 of 2022 along with connected writ petition.
4. Learned counsel for the petitioners submits that the petitioners have become eligible for promotion through limited departmental examination to the post of Ziledar in the year 2018, but as this Court has directed fresh examination to be conducted, the persons, juniors to the petitioners, would be competing in the examination and, if the petitioners and their juniors become successful, the petitioners may rank juniors to their juniors.
5. The learned Chief Standing Counsel, representing the respondents-State Authorities, has said that the petitioners and other candidates are entitled to retain their seniority of the feeder cadre.
6. In view thereof, this writ petition is disposed of with a direction that if the petitioners are successful in the examination, which is going to be conducted pursuant to the judgment and order dated 27th April, 2023 passed in Writ-A No.8338 of 2022 along with connected writ petition, the successful candidates shall retain their inter se seniority of the feeder cadre.
[D.K. SINGH, J.]
Order Date :- 19.5.2023
MVS/-
