M.KATJU, J. - (1.) THIS writ petition has been filed for a mandamus directing the respondent Nos. 1 and 2 to consider the name of the petitioner for promotion as Jail Superintendent on the basis of his seniority in accordance with Rule 5 of the U.P. Government Servant Seniority Rules, 1991. Heard learned Counsel for the parties.
(2.) AN impleadment application has also been filed in this case on behalf of Bhim Sen Mukund and Rajendra Kumar and we have allowed the same and they are treated as respondent Nos. 3 and 4. We have heard Shri S.F.A. Naqvi on behalf of newly impleaded respondent Nos. 3 and 4. The petitioner was appointed as a Deputy Jailor in 1994 after being selected and recommended by the U.P. Public Service Commission. The post of Deputy Jailor is a Group C (Non -Gazetted) post whose appointing authority is the Director General (Prisons). The service conditions of the posts of Deputy Jailor are governed by the Uttar Pradesh Jail Executive Subordinate (Non -Gazetted) Service Rules, 1980 copy of which is Annexure 1 to the petition. It is alleged in para 4 that on 26 -12 -1987 the U.P. Public Service Commission made an advertisement for the Combined Lower Subordinate Service Examination in which besides the other posts 114 posts of Deputy Jailors were also advertised. The petitioners also applied in pursuance of the advertisement. The admit card for the preliminary examination, which was scheduled to be held on 24 -9 -89, was issued to the candidates. Copy of one such cards is Annexure 2. The preliminary examination was held in 1989 and the main examination in 1991. In para 6 of the writ petition it is stated that the process of selection which began in 1987 for the posts advertised could be completed only in the year 1993 when a list of successful candidate was published in different news -papers on 27 -7 -93. Thus the selection process took about six years to complete. A true copy of the select list/merit list is Annexure 4. The petitioner was declared as successful candidate and his name is in the select list. After completion of the selection process the petitioner's name was recommended for appointment as Deputy Jailor and he was issued appointment letter dated 26 -4 -1994 vide Annexure 5.
(3.) THE U.P. Legislature passed an Act called U.P. Subordinate Service Selection Commission Act, 1988 in order to establish a Subordinate Services Selection Board (Commission) for certain categories of Subordinate Services and for matters connected therewith and incidental thereto. By Government notification dated 25 -11 -89 the Group C posts to which the aforesaid Act applied, were specified therein and it was made clear that the vacancies which were already referred to the U.P. Public Service Commission before the issuance of the notification, were specifically kept outside the purview of the said notification and the appointments to such vacancies had to be made on the basis of the recommendation of the Commission.;