GYANENDRA PRATAP BHADORIA Vs. STATE OF U P

JUDGEMENT

(1.) V. C. Misra, J. On the joint request of the learned Counsel for the parties, this writ petition has been heard and is being disposed off finally at the admission stage itself. Counter and rejoinder affidavits have been exchanged in the matter.

(2.) THIS writ petition has been filed by the petitioners for quashing the impugned order dated 25-8-2006 (Annexure No. 11 to writ petition) issued by the State Government declaring the final seniority list wherein the names of the petitioners are not included though were in the tentative list and restraining the respondents from taking any action on the basis of the aforesaid impugned order. It has been further prayed that the respondent be directed to include the names of the petitioners in the seniority list of U. P. Educational (General Education) Cadre Group 'b' and to restore the position as shown in the provisional seniority list notified by the office order dated 12-12-2005 which is their main grievance.

(3.) LEARNED Counsel for the petitioners submitted that assuming the post of senior lecturers in DIETs are ex-cadre posts as the same does not find place under Rule 5 (18) of the Rules, 1992 but cadre of the service is defined under Rule 4 of the Rules, 1992 which specifies that on the date of the commencement of the Rules the cadre comprised of category and number of posts specified in Appendix-I to the Rules which confers power upon the State Government to determine the strength of service in each category of posts and consequently the State Government while exercising the power under Rule 4 (1) of the Rules, 1992 issued the Government Orders whereby the posts of senior lectures in DIETs have been sanctioned as addition the cadre. He further submitted that the Central Government had funded the DIETs at the time of initial establishment only till the year 1989 but presently all such institutes are State funded.