Pradeep Kant, J. - (1.) THIS is a bunch of writ petitions, which arise out of common facts and raise common question of law for being determined and, as such, are being decided by a common order.
(2.) AT the outset it would be appropriate to mention that in view of quashing of the proposal of the State Government dated 6.1.06, by which eleven vacancies were proposed to be filled in by selection from amongst Non State Civil Service Officers (Non -SCS officers) by Delhi High Court vide order dated 14.11.08 alongwith quashing of the notification dated 1.2.06 by means of which the aforesaid eleven vacancies were notified to be filled in by selection from amongst Non -SCS officers and the said Judgment having been upheld by the Supreme Court, the plea of the petitioner of Writ Petition No. 1718 (SB) of 2006, Mahesh Chand and that of Sri Upendra Misra appearing for the State Government is that all these petitions have become infructuous and merely for academic interest, no findings are required to be given on other issues, which are involved in the writ petition, as no selection now can take place nor can be proceeded with, when the notification determining the vacancies aforesaid itself has been quashed. The plea of Ashok Kumar Sharma, petitioner of Writ Petition No. 598 (SB) of 2009 is that the Judgment and order passed by the Central Administrative Tribunal, which is under challenge in the said writ petition, deserves to be fully quashed and that in writ petition of Mahesh Chand, only one of the directions against the three issued by the Central Administrative Tribunal is under challenge and, therefore, remaining two directions would adversely affect the interest of Non -SCS officers.
(3.) FOR considering the aforesaid pleas, the brief narration of the facts necessary for the present controversy are, that U.P. IAS cadre review notification was issued by the Government of India on 25.8.05, which increased the strength of U.P. IAS cadre from 467 to 537. Thus, 70 senior duty posts were increased in U.P. IAS cadre. Out of these 70 increased senior duty posts, 21 posts were earmarked to be filled in by promotion/selection from State Civil Service Officers/Non -SCS officers. Thus, the number of posts to be filled by promotion and selection increased from 142 to 163.;