- (1.) This writ petition has been filed questioning the action of the Consolidation Commissioner, Uttar Pradesh, Lucknow, through his order dated 21.8.2007 whereby the examinations held in the year 2000 for promotion on the post of Rectangulator from the post of Chainman/Flagman has been cancelled and a direction has been issued to hold fresh examinations as also for filling up the backlog vacancies. The petitioners contends that the State Government issued a Government Order on 6.7.1985, a copy whereof has been placed on record, whereby such promotions were made permissible keeping in view the conditions laid down therein. The said Government Order indicates holding of an examination and evaluation of the candidates on the basis of the marks obtained in the said examination. The Consolidation Commissioner on 30.6.2000 issued necessary orders under the said Government Order directing all District Deputy Director of Consolidations and the District Magistrates to conduct the said exercise and hold the examination for the promotions of eligible candidates. Consequent to the aforesaid order issued, the examinations were held on 30.9.2000 in respect of 12 Units and the petitioners claim that they have all appeared and passed in the said examinations the results whereof were declared on 4.10.2000. A copy of the said declaration has been placed on record as Annexure-4.
(2.) Before proceeding to record any finding, it will be appropriate to quote the Government Order dated 6.7.1985:
(3.) In spite of the declaration of the results, it appears that the Union of Consolidation Lekhpals, who were entitled for being considered for such promotion, raised certain dispute and the promotions were not finalized even though the results had been declared. The matter was kept pending even though representations were made and ultimately by the impugned order dated 21.8.2007 the examination which was held for the 12 Units was cancelled on the ground that 7 years have passed and the examination of other Units could not have been held, therefore, the examination should be held afresh and the backlog vacancies should also be filled up.;