M.KATJU,J. - (1.) THIS writ petition has been filed for a writ of certiorari to quash the impugned seniority list dated 2.1.2003 Annexure -2 to the writ petition issued by the State of U.P. communicated by means of letter dated 6.1.2003 Annexure -1 to the writ petition and also the reversion order dated 6.10.2003 Annexure -3 to the writ petition. The petitioners have also prayed for a mandamus directing that respondents should not interfere in the working as Prosecution Officer and should paid them salary accordingly.
(2.) HEARD learned Counsel for the parties. The appointments on the post of Assistant Prosecution Officer was earlier made under the Police Department in accordance with the provisions of the Criminal Procedure Code, 1973 in which power was given to the State Government by Section 25 for making such appointments. Subsequently the U.P (Appointment of Assistant Prosecution Officer) Rules, 1974 were framed for the purpose of making such appointments. Rule 4 thereof provides that any future appointment on the post of Prosecution Officer and Assistant Prosecution Officer has to be made by the State Government in accordance with the paid Rules or with general orders as the State Government may make from time to time issue on that behalf.
(3.) IT is alleged in Paragraph 5 of the petition that the petitioners were duly -selected and appointed as Assistant Prosecution Officer in February, 1977 after selection by a duly constituted Selection Committee. By order dated 8.2.77 as many as 192 persons were appointed on adhoc basis on the post of Assistant Prosecution Officers, and by order dated 24.12.77, 51 Assistant Prosecution Officers were appointed. Thus, a total of 243 Assistant Prosecution Officers were appointed in the year 1977 -78. In the year 1979 the U.P. Regulation of Adhoc Appointment Rules 1979 came into force which was made effective from 14.5.79 and the cut of date was fixed as 1.1.77. From 27.1.82 the post of Assistant Prosecution Officer came within the purview of the U.P. Public Service Commission.;