RAJ KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) The challenge in the writ petition is the seniority list dated 3.9.2004, whereby his placement was made differently from two candidates one Sri Chokhey Lal Gupta and another Sri Sabir Ali Khan. All along we find that the place of Sri Chokhey Lal Gupta is before the petitioner and Sri Sabir Ali Khan is after the petitioner in the seniority list.

(2.) By filing counter affidavit the respondents have taken the plea that as because the seniority of the petitioner was approved by the State Public Service Commission subsequent to the approval of the Governor, therefore, his placement is figuring at a place much after Sri Chokhey Lal Gupta and Sri Sabir Ali Khan. However, the petitioner has challenged the seniority list.

(3.) According to learned Counsel appearing for the petitioner, seniority in the State services shall be governed by U.P. Government Servant Seniority Rules, 1991 (hereinafter called as Rules, 1991). Rule 3 of the Rules, 1991 says that these rules shall have effect notwithstanding anything to the contrary contained in any other service rules made heretobefore. In effect this is an overriding clause.