- (1.) PARITOSH K. Mukherjee, J. A usual clamour for seniority forms the theme of the present writ petition. The petitioners claim that although they were appointed much earlier in the grade of Rs. 3200-4875 than the contesting respondent Nos. 3 to 9, nevertheless, simply because they were appointed/designated as Deputy Registrar later than the respondent Nos. 3 to 9, they cannot be treated as junior to the aforesaid respondents.
(2.) THE petitioners have also alternatively prayed for declaration to the effect that Rule 34 of the Allahabad High Court Officers and Staff (Conduct) Rules, 1976 (hereinafter referred to as 'the Rules') is unconstitu tional, being ultra vires Articles 14, 16 and 2i of the Constitution of India. The basic facts, pertinent to the issue in question, may be stated as follows : (a) On 5-3-1992, the petitioner No. 1, namely, Sri Rais Ahmad was appointed as Private Secretary (Senior Scale ). The petitioner No. 2 was appointed as such, on 26-8-1992. The post of PS (Senior Scale) carries the same pay-scale, which is admissible to the post of Deputy Registrar, i. e. , Rs. 3200-4875. The petitioners were thereafter appointed as Deputy Registrars on 1-6-1993 and 24-7-1995, respectively. (b) On the direction of this Court, the petitioner have impleaded respondent Nos. 3 to 9, who can be affected by adverse judgment of this Court. They have been duly impleaded, and served as well. One of them, namely, Sri R. S. Pandey has also filed a counter-affidavit. The other respondents, despite due service, have not answered the writ petition. (c) The petitioners have described the entire career graph of the newly added respondents. These necessary facts have been stated in paragraphs 14-A to 14-F of the writ petition. This too was amended consequent upon impleadment of the afore said respondents. These facts clearly disclose that S/sri R. S. Pandey, Diwakar Misra and J. P. Chaurasia were appointed in class II service, in the pay-scale of Rs. 2000- 3500, much later to the petitioner No. 1. For better understanding, a chart, showing the respective date of promotion to the class II and class I service, to the establishment of this Court, in respect of petitioners and respondent Nos. 3 to 9, is being set out, herein-below :- @table Names Petitioners :- 1. Sri Rais Ahmad 2. Sri R. C. Upadhyaya Respondents :- 1. R. S. Pandey 2. Diwakar Misra 3. J. P. Chaurasia (retired on 31-3-1996) M. I. Jafri
(3.) H. C. Srivastava Mohanji Srivastava;