- (1.) I have gone through the judgment sent by my Learned Brother. With respect, I am not in agreement with the views expressed by Learned Brother. I have different opinion and I express my views as under:
(2.) This is a writ petition under Art. 226 of the Constitution of India by Om Prakash and 9 others, promotee Assistant Conservator of Forests for an appropriate writ to quash judgments and orders dated 14.07.2014 and 27.01.2015 passed by State Public Services Tribunal Uttar Pradesh, Lucknow in Claim Petition No.423/2014 (Om Prakash Singh and others versus State of U.P. and others) and Review Petition No.88 of 2014 respectively and to quash the seniority list dt. 23.09.2012. The seniority of the petitioners, promotee recruits vis a vis direct recruits is challenged in this petition on various grounds including that there remained only 77 direct recruits in the year 1997 from the seniority list dt. 28.04.1994 since remaining direct and promotee recruits having been promoted to IFS or retired/ died or allocated to Uttrakhand, the petitioners were wrongly placed below 77 direct recruits en bloc. The seniority list dt. 28.04.1994 is questioned on the ground that it was not prepared in accordance with the directions issued by Supreme Court in Keshav Chandra Joshi and others vs. Union of India and others, 1992 Supp1 SCC 272 and Makar Dhwaaj Pal s and others vs. Neera Yadav and another, 1994 2 SCC 741.
(3.) According to petitioners, they were initially recruited on the post of Forest Ranger in the Forest Department of the state from 1978 to 1983 and thereafter remained in continuous service. The promotional avenue for the post of Forest Ranger is the post of Assistant Conservator of Forests which was governed by the set of rules of U.P. Forest Service Rules, 1952 (hereinafter referred as '1952 rules').;