REEVAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed for a mandamus directing the respondent Nos. 1 and 2 to consider the name of the petitioner for promotion as Jail Superintendent on the basis of his seniority in accordance with Rule 5 of the U.P. Government Servant Seniority Rules, 1991. Heard learned Counsel for the parties.

(2.) AN impleadment application has also been filed in this case on behalf of Bhim Sen Mukund and Rajendra Kumar and we have allowed the same and they are treated as respondent Nos. 3 and 4. We have heard Shri S.F.A. Naqvi on behalf of newly impleaded respondent Nos. 3 and 4.

(3.) THE U.P. Legislature passed an Act called U.P. Subordinate Service Selection Commission Act, 1988 in order to establish a Subordinate Services Selection Board (Commission) for certain categories of Subordinate Services and for matters connected therewith and incidental thereto. By Government notification dated 25 -11 -89 the Group C posts to which the aforesaid Act applied, were specified therein and it was made clear that the vacancies which were already referred to the U.P. Public Service Commission before the issuance of the notification, were specifically kept outside the purview of the said notification and the appointments to such vacancies had to be made on the basis of the recommendation of the Commission.