- (1.) Heard G. K. Singh, Senior Advocate assisted by Arvind Srivastava, Advocate on behalf of petitioners. C. B. Yadav, Additional Advocate General on behalf of State of U.P. assisted by Shashank Shekhar, Avocate and Ashok Khare, Senior Advocate assisted by S. K. Mishra on behalf of respondent no.7 to 18. Petitioners before this Court seek quashing of the order dated 1.06.2011 passed by the State Government whereunder the objections raised in the matter of inter se seniority in the cadre of U. P. Educational (General Education Cadre) Service Rules, 1992 [hereinafter referred to as 'Rules, 1992'] have been rejected. The petitioners also seek a declaration to the effect that the Notification dated 6.08.2010 whereby the Rules, 1992 have been amended, as ultra vires the Constitution of India and, therefore, inoperative. Lastly, the petitioners have prayed for a mandamus restraining the State Government from constituting the Departmental Promotion Committee in pursuance to the impugned order dated 1.06.2011.
(2.) Facts in short leading to the present writ petition are as follows : Petitioners, who are 4 in number, applied in response to the advertisement published in the year 2000 by the U. P. State Public Service Commission for appointment on Group 'B' post covered by the Rules, 1992. The petitioners were successful and were offered appointment on the posts covered by Rule 5 Clause 18 of the Rules, 1992.
(3.) It is the case of the petitioners that a provisional seniority list of the cadre, in which they were working was published on 12.12.2005. After objections were filed, the seniority list was finalized on 25.08.2006.;