V.C.Misra, J. - (1.) Heard Shri Ajeet Kumar learned counsel for the petitioners and learned standing counsel on behalf of the respondent.
(2.) The petitioners five in number are working for the last more than ten years on the post of 'Anganwari' in Bal Vikas Seva Evam Pushthar Karyakram. Though the process for promotion had started far back in the year 1996 but the names of the petitioners have not been forwarded. Being aggrieved, they have filed the present writ petition for the inaction and discriminatory behaviour on the part of the respondent by not promoting them to the promotional post of Mukhya Sevika in terms of U.P. Bal Vikas Evam Pushthar (Adhinasth) Seva (Dwitiya Sanshodhan) Niyamawali, 1998 and for not allowing the preferential claim of the petitioners in comparison to the juniors despite repeated demands inspite of being fully eligible though they were called for and interviewed, the petitioners are to suffer irreparably as in the event of non-promotion of the petitioners, the posts and cadres would be dead and the promotional avenues will be shut for them.
(3.) The result of the interview was arbitrarily and inordinately delayed with mal intention. The juniors to the petitioners were arbitrarily promoted on 18.11.1998 after adopting fresh process and this time no interview, call letters were issued to the petitioners. Though the petitioners had preferential claim and better record to the junior persons so arbitrarily promoted and the right to the quality and equal protection of law guaranteed under the Constitution of India has been infringed by the respondent with no nexus to reason.;