DEEPAK AGARWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of the High Court of Judicature at Allahabad dated 16th April, 2002, dismissing the writ petition challenging the Notification dated 17th May, 1999, wherein the appellants had been rendered ineligible for promotion to the post of Deputy Excise Commissioner (DEC) and the Notification dated 26th May, 1999, promoting respondents No. 3 to 9 as Deputy Excise Commissioner, and further to consider and promote the appellants as Deputy Excise Commissioner, on the vacancies that arose before 17th May, 1999.

(2.) Old vacancies have to be filled under the old rules is the mantra, sought to be invoked by the appellants in support of their claim that the vacancies arising prior to 17th May, 1999, ought to be filled under the 1983 Rules as they existed prior to the amendment dated 17th May, 1999. The claim is based on the principle enunciated by this Court in Y.V.Rangaiah & Ors. Vs. J.Sreenivasa Rao & Ors., 1983 3 SCC 284

(3.) The appellants were recruited through the Uttar Pradesh Public Service Commission on Class II posts in the Excise Department under the Excise Commissioner, Uttar Pradesh. Deepak Agarwal (hereinafter referred to as 'appellant No.1') was appointed on the post of Technical Officer in the pay scale of Rs.2200-4000 by an order dated 13th August, 1991. Similarly, Jogendra Singh (hereinafter referred to as 'appellant No. 2') was directly recruited through the Uttar Pradesh Public Service Commission and appointed on the post of Statistical Officer by Notification dated 8th January, 1992 in the pay scale of Rs.2200-4000. It is not disputed that both the appellants are confirmed in service. There is no adverse entry in their service record. The appellants are the only two officers recruited directly to Class II Excise Service. Otherwise, majority of the officers have entered service as Inspectors in the Excise Department and subsequently promoted to higher posts.