RAMESH CHANDRA CHAUHAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BOTH these writ petitions have same question of law involved, as such, the same are being taken together for their disposal by this common judgment.

(2.) BY means of aforesaid two writ petitions, the petitioners have sought writ in the nature of certiorart quashing the order dated 11.8.2003, passed by respondent No. 2, whereby the petitioners, who are promotees, have been directed to be placed in the seniority list below the direct recruits, appointed in the year 1994.

(3.) THE factual matrix of the dispute is that the petitioners were appointed initially as Assistant Agriculture Inspector, Group -Ill in Agriculture Department, some time in 1970's. Initially they were promoted on ad hoc basis against Group -II as Soil Conservator Inspector between 1986 -89. Later they were appointed against substantive vacancies in Group II. It appears that prior to U.P. Subordinate Agriculture Service Rules, 1993, came into force w.e.f. 19.6.1993, there was 50% quota for the promotees in the Group -II post and remaining 50% was to be filled by the direct recruitment through Public Service Commission. After commencement of the aforesaid rules, the 100% posts of Group II are to be filled from the promotees. It appears that when the aforesaid rule came into force, a process of direct recruitment was already on and the respondent No. 4 in Writ Petition No. 1000 of 2003 (S/S)(respondent No. 3 in Writ Petition No. 1058 of 2003 (S/S)) alongwith few others was directly appointed in Group II post on 29.1.1994. But it appears that direct recruits made certain objection to the seniority list and the Government vide the impugned order dated 11.8.2003, directed that the promotees (petitioners) be placed below the direct recruits, hence this petition.