Vikram Nath, J. - (1.) PURSUANT to the order dated 21.12.2011, Sri Jaipal Singh, Engineer -in -Chief (Establishment), Irrigation Department, Government of U.P., Lucknow is present. Sri A.C. Mishra, learned Standing Counsel has filed an affidavit on his behalf annexing a copy of The Uttar Pradesh Government Servants Seniority Rules, 1991 (hereinafter referred to as the 1991 Rules) and also the amendment brought out in the said 1991 Rules vide The Uttar Pradesh Government Servants Seniority (Third Amendment) Rules, 2007 whereby Rule 8 -A was inserted in the 1991, Rules.
(2.) SRI Ranjit Saxena, learned counsel appearing for the applicant has placed before the Court a Division Bench judgment of the Lucknow Bench of this Court dated 4.1.2011, passed in a bunch of Writ Petitions in which the leading case was registered as Writ Petition No.1389 (S/B) of 2007, Prem Kumar Singh and others versus State of U.P. and others and has further placed before the Court The Ziledar's Service Rules, 1963 ( hereinafter referred to as the 1963, Rules). In the year 2005, examinations were held for considering the Amins for promotion to the post of Ziledar under 1963, Rules. The said examination was subsequently cancelled by order dated 28.2.2006. The applicants and other Amins filed Writ Petitions before this Court, challenging the order dated 28.2.2006, cancelling the qualifying examination of 2005. The leading case was registered as Writ Petition No.15910 of 2006, Mohammad Rafi and others versus State of U.P. and others. Learned Single Judge vide judgment dated 19.1.2011, allowed the writ petitions with directions as contained in paragraph 25 of the aforementioned judgment. The same is reproduced below 25.In the result, all the writ petitions are allowed. The impugned order dated 28.02.2006 is hereby set aside. However, this judgment shall not preclude the respondents from taking appropriate decision in respect to such Amins who were ineligible to appear in qualifying examination, 2005, by passing a fresh order in accordance with law. On the vacancies of Ziledar the eligible petitioners who validly qualify qualifying examination 2005 shall be considered for promotion in accordance with 1963 Rules. The petitioners shall also be entitled to costs which is quantified to Rs. 5000/ -for each set of petition.
(3.) NON compliance of the said directions has given rise to the filing of the present contempt application in which notices were issued and the affidavits have been exchanged.;