LAWS(ALL)-2025-7-12

STATE OF U.P. Vs. SHIV DATT JOSHI

Decided On July 21, 2025
STATE OF U.P. Appellant
V/S
Shiv Datt Joshi Respondents

JUDGEMENT

(1.) In these two intra-court appeals, the dispute of seniority between the direct recruits and promotees of the Secretariat, Administration Department is in question. Two writ petitions were filed before the learned Single Judge by the promotees wherein they had challenged the orders impugned by which the date of appointment of the writ-petitioners was changed from 30/6/2016 to 13/7/2016 as well as the subsequent seniority list issued on 6/9/2023 wherein the writ petitioners were placed lower in seniority.

(2.) Since the issue involved in both the petitions was identical, hence, both the writ petitions were decided by a common judgment/order dtd. 24/2/2025 whereby the writ petitions were allowed and the order dtd. 9/8/2023, the seniority list dtd. 6/9/2023 and the consequential promotion order dtd. 25/10/2023 were set aside and the State-respondents was directed to prepare a fresh seniority list. The aforeasaid judgment and order dtd. 24/2/2025 corrected on 28/2/2025 passed in Writ-A No. 9193 of 2023 and Writ-A No. 5381 of 2024 has been put to challenge in the instant two intra-court appeals.

(3.) The State has preferred intra-court appeal No. 120 of 2025 which arises out of Writ-A No. 9193 of 2023. Sri Mukesh Pradhan and Mukesh Chandra Yadav, as appellants of the connected intra-court appeal no. 122 of 2025, who were the respondent nos. 5 and 7 respectively in Writ-A No. 5381 of 2024, too have assailed the same judgment and order dtd. 24/2/2025 corrected on 28/2/2025. Since the issue in both the appeals is common, hence, both the intra-court appeal are being decided by this common judgment.