AMITAVA LALA,J. - (1.) SEVERAL writ petitions have been filed before this Court for the similar reliefs as follows : "(A) to issue writ, order or direction in the nature of mandamus commanding the respondents to immediately grant all consequential benefits including promotion position and pay on the basis of final seniority list prepared by the State Government of P.M.H.S. Cadre. (B) to issue writ, order or direction in the nature of mandamus commanding the respondents to immediately make payment of salary on the basis of the promotion along with interest at the rate of 12% per annum; (C) to issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the present case; (D) to award the cost of the petition to the petitioners,"
(2.) THE moot point of argument as advanced by learned Senior Counsel appearing for the petitioners is that in view of the Supreme Court judgment reported in AIR 2003 SC 588 (Chandra Prakash v. State of U.P., the petitioners herein are entitled to consequential benefits including the promotion to the post of Joint Director and order for consideration of further promotion beyond the post of Joint Director, he relevant portion of the Chandra Prakash's, case (supra) is as follows : "The State Government will fix the seniority of all doctors in the PMHS cadre from the date of the orders of their initial appointment within a period of six weeks from the date of this order and give all consequential benefits including promotions and positions on the basis of such seniority list." Admittedly the petitioners were retired from the service at the time of delivering judgment but the same was not informed to the Court.
(3.) THE State respondents appeared and filed two affidavits. Relevant portions at Paragraphs 5, 8 and 11 of the first affidavit being dated 16th March, 2005 are as follows : "5. That it is relevant to mention here that the Hon'ble Supreme Court has directed to the State Government for deciding the seniority list and all consequential benefits including promotion/position regarding the provincial Medical and Health Services cadre and the same are binding upon the State Government. It is further submitted that the State Government has constituted a Committee in the Chairmanship of Principal Secretary, Medical and Health, U.P. Government, Lucknow according to the Rules of U.P. Medical Health (Group -A) Services Rules, 1990 and already prepared the seniority list on dated 5.6.2003 and promoted all the retired Medical Officer P.H.M.S. Cadre including the petitioners as Class -I Medical Officer (Senior Scale) and Joint Director as notional basis according to the decision of the Hon'ble Supreme Court and the petitioner is at Serial No. 439 in the seniority list. It is further submitted that the petitioner has already promoted on dated 2.2.2005 as Joint Director on the basis of seniority as notional list. A Photostat copy of the notional list dated 2.2.2005 issued by the State Government is being filed herewith and marked as Annexure CA -1." "8. That in reply to the contents of Paras 1 to 10 of the writ petition, it is submitted that the seniority list has been prepared and also promoted all the retired Medical Officers P.H.M.S. Cadre including the petitioner as Joint Director as Notional (notional) basis on dated 2.2.2005 by the State Government according to the decision of the Hon'ble Supreme Court." "11. That in reply to the contents of Para Nos. 14 to 21 of the writ petition, it is submitted that the State Government has already prepared seniority list on dated 5.6.2003 in compliance of decision of the Hon'ble Supreme Court dated 4.12.2002 including the petitioners and the name of the petitioners Nos. 1 to 4 are at Serial Nos. 422, 503, 467 and 203 respectively in the seniority list. It is further submitted that all the retired Medical Officers P.H.M.S. Cadre including the petitioners have promoted on dated 2.2.2005 as Joint Director as notional basis by the State Government according to the decision of the Hon'ble Supreme Court." ;