STATE OF U.P. Vs. ANIL KUMAR SRIVASTAVA

JUDGEMENT

(1.) State of U.P. through Secretary (Transport) U.P. Government Lucknow is assailing the validity of the judgement and order dated 1st September, 2015 passed by learned Single Judge in Civil Misc. Writ Petition No.66942 of 2013 (Anil Kumar Srivastava vs. State of U.P. and others) as well as the order dated 01.10.2015 passed in Modification/Review Application No.324396 of 2015 by which the order dated 16.05.2013 passed by Transport Commissioner, U.P. Lucknow has been set aside and the writ petition has been allowed with the direction to the Competent Authority to identify the vacancies of the Goods Tax Superintendent/Passenger Tax Superintendent, which have been existing since before promulgation of U.P. Transport Department Accounts Cadre (Non-Gazetted) Service Rules, 2009 and further direction has been issued to consider promotion of petitioner-opposite party alongwith other Accountants, subject to their eligibility being posted as Accountant under their quota under the U.P. Transport Taxation (Subordinate) Service Rules, 1980 within two months.

(2.) Brief background giving rise to the case is that Civil Misc. Writ A No.66942 of 2013 (Anil Kumar Srivastava vs. State of U.P. and others) was filed by the petitioner-opposite party before this Court with the following prayer:-

(3.) In the said writ petition after exchange of pleadings, the learned Single Judge on 2nd January, 2013 allowed the Writ Petition with the direction to the Competent Authority to identify the vacancies of the Goods Tax Superintendent/Passenger Tax Superintendent, which have been existing since before promulgation of U.P. Transport Department Accounts Cadre (Non-Gazetted) Service Rules, 2009 and directed to proceed to consider the petitioner-opposite parties promotion along with other Accountants subject to their eligibility being posted as Accountant under their quota under the U.P. Transport Taxation (Subordinate) Service Rules, 1980 within two months.