- (1.) KAMLESH Kumar Maurya and seven others have approached this Court for following relief: "(a) issue a writ, order or direction in the nature of certiorari quashing the judgment and order dated 07.01.2013 contained in Annexure No.1 passed by State Public Services Tribunal Lucknow in Claim Petition No. 864 of 2012 Hari Lal Patel and others Vs. State of U.P. and others in so far as it relates to quashing of the seniority list recommendations of committee and other for absorption of services of the petitioners with all benefits of service (b) issue such other, writ, order of direction, which may be deemed just and proper in the circumstances of the case and (c) allow the writ petition with costs"
(2.) BRIEF background of the case as is reflected from the pleading as set out in the writ petition is that petitioners' claim that they have been appointed to the post of Bakshi/Secretary on adhoc basis in U.P. Town Area Committee/Notified Area Committee (Centralized) Service governed by U.P. Town Area Committee/Notified Area Committee (Centralized) Service Rules, 1976 in consonance with the provision as contained under Rule 31 of the Rules by the State vide various Government Orders issued time to time namely 10.09.1987, 09.12.1977, 06.07.1982, 31.07.1984, 21.07.1987, 30.08.1989, 21.09.1978 and 15.09.1978 respectively.
(3.) PETITIONERS have further proceeded to mention that U.P. Town Area Committee/Notified Area Committee (Centralized) Service Rules, 1976 has been repealed in the year 1994 and various posts including the post of Bakshi/Secretary of Notified Area /Town Area Committee was deemed to be converted to the post of Executive Officer, Grade IV. Petitioners have further submitted that in consonance with the provision as contained in U.P. Palika (Centralized) Service Rules, 1966, services of the petitioner stood ipso facto absorbed as no adverse order has been passed within 180 days in consonance with Sub -rule (7) of Rule 6 of U.P. Palika (Centralized) Service Rules 1966. Petitioners are further stating that even though they stood absorbed by operation of law, even then requisite formal exercise was undertaken in the said direction and accordingly on 31.12.2007 list in question has been published showing absorption. Petitioners submit that tentative seniority list was published wherein objections were invited and thereafter decision was taken on the said objections in question and thereafter seniority list was finalized on 16.07.2008. Petitioners are stating that said seniority list was permitted to attain finality and thereafter belated challenge has been made before this Court by preferring Writ Petition No. 584 (SB) of 2012 (Hari Lal Patel and others Vs. State of U.P. and others) and this Court on 17.05.2012 proceeded to dispose of the said writ petition by relegating the petitioners of the aforesaid writ petition i.e. respondent nos. 4 to 13 to approach U.P. Public Services Tribunal. The order passed in the aforesaid writ petition is being extracted below: "Heard learned counsel for the parties and perused the record. With the consent of the parties' counsel, the writ petition is being disposed of at admission stage. The instant writ petition has been preferred against the impugned seniority list, which seems to be final seniority list prepared by the State Government. Against the impugned seniority list, the petitioner has got efficacious alternative remedy to ventilate his grievance before the U.P. Public Services Tribunal. In case the petitioner prefers a claim petition within one month from today, the Tribunal shall decide the same on merit and in accordance with law, expeditiously, say within a period of six months from the date of filing of claim petition alongwith present order. Subject to above, the writ petition stands disposed of. ";