JUDGEMENT
N. B. Asthana, J. -
(1.) This petition under Article 226 of the Constitution has been filed for issuing a mandamus to commend the respondents to set up a selection committee under Rule 4 of the Regularisation Rules and consider the case of the petitioners for regularisation before making any selection to the post of Jt. Director or any other post of the same status and issue a writ of certiorari to quash the seniority list communicated along with the letter dated 2-6-1986 (Annexure-14 to the petition) and direct that the petitioners' names should be also entered in the said list showing their seniority from the date of their continuous officiation on the post in accordance with the law and to issue a writ of prohibition to restrain the respondents from making any regular appointment to the post of Jt. Director till the petitioner's cases have been examined and their names have been included in the seniority list and they are considered for promotion.
(2.) During the pendency of the writ petition, the services of petitioners who were appointed on ad hoc basis to the Class-I posts in the Department of Industries of the State Government were regularised under Uttar Pradesh Regularisation of Ad Hoc Appointments (on post with in the purview of Public Service Commission) Rule, 1979, which came into force from 14-5-79. The only contention of the petitioners in this writ petition is now that their seniority should be calculated from the date of their ad hoc appointment in Class-I post of Industries Department and that they shold be given seniority from that date.
(3.) Originally the writ petition was filed against the State of U. P., Director of Industries, Uttar Pradesh and U. P. Public Service Commission, Allahabad. Subsequently, Sri A. N. Singh and three other were included as respondents.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.