SUDHIR AGARWAL,J.SHAMSHER BAHADUR SINGH,JJ. - (1.) Heard Sri B.P. Singh, Senior Advocate assisted by Sri Vivek Kumar Singh, learned counsel for petitioner and learned Standing counsel for respondents.
(2.) Petitioner Capt. Abal Singh, filed this writ petition under Article 226 of Constitution of India, in January 1989, initially assails order dated 11.01.1989 issued by Secretary (Institutional Finance), U.P. Government, proposing amendment in seniority list of U.P. Sales Tax Service Cadre (hereinafter referred to as 'S.T.S. Cadre') in the light of Supreme Court judgment dated 21.07.1988 passed in Civil Appeal No. 97374 of 1985 (Narendra Nath Pandey vs. State of U.P. & others). He further sought a mandamus commanding respondents to determine petitioner's seniority as per Rule 6 of U.P. NonTechnical (ClassII) Services (Reservation of Vacancies of Demobilised Officers) Rules, 1973 (hereinafter referred to as 'Rules 1973') or at least from year 1962, whichever is earlier, or from such date this Court may determine.
(3.) Subsequently, by amendment, he has added four more prayers in the writ petition seeking writ of certiorari quashing order dated 14.02.1989, whereby his representation claiming seniority under Rule 6 of Rules 1973 was rejected on the ground that he did not qualify competitive examination within three years from the date of discharge from Army i.e. 01.10.196667, therefore, he will get benefit only actual service rendered in the Army. He further sought a mandamus restraining respondents from filling up post of Deputy Commissioner, by promotion.;