STATE OF U P Vs. MAHESH NARAIN

JUDGEMENT

(1.) Leave granted.

(2.) The appellant-State of Uttar Pradesh has preferred these appeals against the common judgment and order dated 5.9.2007 passed in two writ petitions bearing Nos. 1049(S/B)/2007 and 1040(S/B)/2007 whereby the Division Bench of the High Court of Allahabad, Lucknow Bench, Lucknow was pleased to dismiss both the writ petitions filed by the appellant/State of U.P. herein.

(3.) The aforesaid two writ petitions were filed by the appellant/State of U.P. represented by the Department of Forensic Science and the Department of Home assailing the judgment and order of the State Public Services Tribunal, Lucknow (for short 'the Tribunal') and seeking a writ in the nature of certiorari for quashing the judgment and order dated 10.4.2007 passed by the Tribunal whereby the Tribunal was pleased to direct the State of U.P. to consider the case of the respondents for promotion on the post of Assistant Director and grant them all consequential benefits if found suitable. The High Court vide its impugned judgment and order dated 5.9.2007 was pleased to dismiss both the writ petitions preferred by the State of U.P. after recording a finding that the Rules of U.P. Forensic Science Laboratories Technical Officers' Service (First Amendment) Rules 1990 dated 15.9.1990 which were published in the U.P. Government Gazette on 20.10.1990 will be deemed to be enforced from the date when they were duly published in the U.P. Government Gazette and not from the date when the rules were prepared and passed by the Government. As a consequence of this finding, it was held by the High Court as also the Tribunal that the Respondent/claimant-officials were duly eligible and qualified for consideration of their claim for promotion on the posts of Assistant Director Forensic Science as they had acquired the requisite years of experience for promotion by the time the rules were published in the gazette.