- (1.) Anil Kumar Tripathi and 3 others are before this Court for following reliefs:- "a) issue a writ, order or direction in the nature of mandamus declaring amended Rule 5 of Uttar Pradesh Panchayat Raj Department (Group 'A' & 'B') Service Rules, 2004 to the extent it provides that 2% posts of District Panchayat Raj Officer by promotion is reserved for Panchayat Inspector (Udyog) (Annexure-1 to the writ petition), as ultra-vires, unconstitutional. d) issue a writ, order or direction in the nature of mandamus declaring the Uttar Pradesh Panchayat Raj Department, Panchayat Inspector (Udyog) Service Rules, 2014, (Annexure -'2' to this writ petition), as ultra-vires and unconstitutional; c) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 13.6.2016 issued by the Principal Secretary, Panchayat Raj, Govt. of U.P., Lucknow (Anneuxre -'3' to this writ petition) to the extent it seeks recommendation of Secretary, Uttar Pradesh Public Service Commission, Allahabad for promotion on the post of D.P.R.O. from Panchayat Inspector (Udyog) under impugned 2% reservation quota; d) issue a writ, order or direction in the nature of mandamus commanding upon the respondents not to give effect to the impugned provisions and restrain the respondents from promoting the incumbent Panchayat Inspectors (Udyog) under 2% reserve category on the post of Distict Panchayat Raj Officers in the department pursuant to the impugned amendment under Rule 5 of Uttar Pradesh Panchayat Raj Department (Group 'A' & 'B') Service Rules 2004 vide U.P. Panchayat Raj Department (Group A & B) Service (First Amendment) Rules, 2015"
(2.) The facts of the case in brief are that the petitioner nos. 1 and 2 were initially appointed as Assistant Development Officer (Panchayat) (hereinafter referred to as 'ADO (P)') on 30.9.1995 and 17.7.1996 respectively. The petitioner no.1 is presently posted as ADO (P) at Block Kaudihar, District Allahabad and the petitioner no.2 is posted as ADO(P) at Block Shankergarh, District Allahabad. The petitioner no.1 is shown at serial no.47 while petitioner no.2 is placed at serial no.110 in the seniority list of ADO (P) issued on 13.5.2016. The petitioner nos.3 and 4 were initially appointed as Panchayat Sewak (now, Gram Panchayat Adhikari) on 13.7.1979 and in the year 1978 respectively. Thereafter, the petitioner no. 3 was promoted on the post of ADO (P) in the year 2013 and the petitioner no.4 was promoted as ADO (P) on 7.9.2012. At present, the petitioner no. 3 is posted at District Kaushambi and the petitioner no.4 is posted at Block Saidabad, District Allahabad.
(3.) It is relevant to indicate that Uttar Pradesh Assistant Development Officer (Panchayat and Social Education) Service Rules, 1989 governs the service conditions of the ADO (P). As per Government order dated 19.7.1976 this much is reflected that some other centres known as Panchayat Udyog have been in the department for the purpose to train the unskilled labourers in the rural areas and depute them in production of articles such as furniture, sanitary napkin etc. which are required and supplied to the Government department. The incumbents from ADO (P) cadre are assigned the charge of these Panchayat Udyog and during their charge those ADO (P) incumbents were called as Panchayat Inspector (Udyog). It also appears that the Panchayat Inspectors (Udyog) are substantially appointed ADO (P) and their service condition is also governed by the Uttar Pradesh Assistant Development Officer (Panchayat and Social Education) Service Rules, 1989 (in short, 1989 Rules). Earlier there were no separate service rules nor separate cadre for Panchayat Inspector (Udyog) in comparison to ADO (P) and as such, single seniority list for Panchayat Inspector (Udyog) and ADO (P) were maintained as both are selected and promoted from Gram Panchayat Adhikari. They were being promoted to the next higher post of District Panchayat Raj Officer (DPRO) on the basis of their single collective seniority list of ADO (P) & Panchayat Inspector (Udyog).;