- (1.) We have heard learned Standing Counsel for the appellants. Shri Shashi Nandan, Sr. Advocate assisted by Shri Udyan Nandan appears for the petitioner-respondent.
(2.) The State has filed this intra court Special Appeal against the judgment of learned Single Judge, by which after quashing the impugned order dated 12.6.2001 denying the petitioner to benefit of seniority with effect from the date, when his batch mates were appointed in the Session 1987-88 in which they were selected, a writ of mandamus was issued by the learned Judge, to place the petitioner in gradation list of 1987-88, and thereafter to give him consequential benefits that may arise.
(3.) Learned Standing Counsel fairly admits that the U.P. Government Servant Seniority Rules, 1991, are applicable for determining seniority. The Rules notified on December 2nd, 2008 namely the U.P. Sub Inspector and Inspector (Civil Police) Service Rules, 2008 also provided in Rule 22 as follows: 22. The seniority of persons substantively appointed to a post in the service shall be determined in accordance with the Uttar Pradesh Government Servants Seniority Rules, 1991 as amended from time to time.;