BRAHAM SHANKER TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner praying for a mandamus directing the respondents to count the petitioner's ad hoc service from 16 -2 -1973 to 4 -5 -1981 towards his total length of service for preparing the seniority list. We have heard learned Counsel for the parties.

(2.) IN para 3 of the petition it is stated that 30 posts were advertised for making ad hoc appointments on Group II posts under U.P. Subordinate Agriculture Service Rules, 1977. The petitioner applied and was selected amongst others vide order dated 17 -2 -1973 Annexure 1 to the writ petition. The petitioner joined on 16 -2 -1973 as Soil Conservation Inspector in pursuance of the above appointment letter.

(3.) A counter affidavit has been filed by the respondents. We have perused the same. It is not disputed this fact that the petitioner has been working since 16 -2 -1973. However, it is disputed by the respondents that the petitioner is entitled to seniority from 16 -2 -1973. Rule 5 of the relevant rules states: