MADHU JOSHI Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the petitioners, Sri P.N. Gupta, learned Chief Standing Counsel for the respondents and perused the record.

(2.) The petitioners who are Under Secretaries in the Secretariat Service, have approached this Court under Article 226 of the Constitution of India feeling inaction on the part of the respondents in not filling the vacancies of the Deputy Secretaries and Joint Secretaries in accordance to service rules. The service conditions of the petitioners are governed by the U.P. Secretariat Service Rules, 1983 (in short referred as Rules). The State Government by the G.O. Dated 19th May, 2001, has provided for removal of the difficulties in the matter of selection and appointment that selection should be done within the recruitment year i.e. from 1st July upto 30th June of the calendar year. The copy of the government order dated 19th May, 2001 has been filed as S.R.A.-4 to the Supplementary Rejoinder Affidavit. It has been stated that almost a decade, no regular promotion has been done and whatever promotions have been done, it has been done in pursuance of the judgment and orders passed by this Court.

(3.) Learned counsel for the petitioners has invited attention of the Court towards the order dated 5th March, 2009 passed in Writ Petition No. 95 (S/B) of 2009, copy of which has been filed as Annexure No. 6 to the writ petition followed by another judgment and order dated 8th September, 2009 passed in Writ Petition No. 1304 (S/B) of 2009.