S. P. Srivastava, J. - (1.) The employees under the State Subordinate Agriculture Service Group III holding the posts of Seed Store In-charge and of Group I holding the posts of Assistant District Agriculture Officer approached this Court, through the petitioner association by means of the writ petition giving rise to this appeal, seeking the quashing of the orders issued by the State Government dated 21-4-1991 containing directions relating to the reorientation of the commercial activities of the Agriculture Department to ensure availability of agricultural inputs (fertilisers, chemicals etc.) on fair prices and spreading of model technology for the success of the new agricultural policy and the order dated 21-7-1990 where under sanctioning the staff for Training and Visit Scheme in 30 plains (non hill) districts of the State, various directions were issued providing for the staff pattern and procedure for filling up the newly sanctioned posts with the corresponding charges in the various cadres of the U.P. Subordinate Agriculture Service. The petitioner also prayed for a writ, order or direction in the nature of Mandamus, restraining the State Government from deploying or transferring the members of the petitioner association from their existing posts to the new posts of Kisan Sahayak etc. under the new Training of Visit Scheme consequent upon the impugned orders.
(2.) A learned Single Judge of this Court being of the view that the newly created posts against which the members of the petitioner association were sought to be adjusted were within the relevant cadre envisaged under the Subordinate Agriculture Service Rules and could not be deemed to be Ex-Cadre Posts and further holding that they will not suffer in any manner in the matter regarding their pecuniary benefits and promotional avenues, dismissed the writ petition indicating that the matter relating to their eligibility to hold the new posts rested within the exclusive discretion of the State Government and it was permissible to waive the requisite qualifications or relax them as considered proper.
(3.) Being aggrieved by the dismissal of the writ petition, the petitioner has now come up in appeal seeking reversal of the judgment and order passed by the learned Single Judge referred to above.;