DEVENDRA KUMAR ARORA,J. - (1.) Heard Mr. Amit Bose, learned Counsel for the petitioners, Sri Vivek Shukla, learned Additional Chief Standing Counsel and Sri I.M. Pandey, learned Counsel for the private opposite parties No. 6 to 10.
(2.) By means of the present writ petition, petitioners, who are working as Radio Maintenance Officers in U.P. Police Radio Branch of the U.P. Police Force, have questioned the validity of the final seniority list of Radio Maintenance Officers as on 1.1.2015 published vide order dated 4.2.2015 issued by the Inspector General of Police/Director (Police Telecommunications), U.P. Police Radio Headquarters, Lucknow.
(3.) Submission of the learned Counsel for the petitioners Mr. Amit Bose is that the State Government, while exercising the powers vested under Section 15 of the U.P. Provincial Armed Constabulary Act, 1948, promulgated the U.P. Police Radio Subordinate Service Rules, 1982 [hereinafter referred to as '1982 Service Rules'] vide notification dated 24.7.1982, wherein the recruitment and condition of service of the persons holding the posts under the U.P. Police Radio Subordinate Service have been provided. As per Rule 2 of the 1982 Service Rules, the U.P. Police Radio Subordinate Service comprises of two posts viz. Group 'C' and 'D', in the U.P. Police Radio Service. Rule 3 (k) of the 1982 Service Rules defined the term 'year of recruitment' to mean the period of 12 months in a calender year beginning from 1st of July. According to Rule 4 (2) of the 1982 Service Rules, the posts in the U.P. Police Radio Subordinate Service would comprise of Workshop Hand, Assistant Operators, Head Operators, Radio Station Officers, Radio Maintenance Officers and Radio Inspectors in that hierarchical order. According to Rule 5 (5) of 1982 Service Rules, the posts of Radio Maintenance Officers are to be filled up by direct recruitment in the manner as laid down in Rule 15 of 1982 Service Rules and through promotion from amongst the permanent Radio Station Officers. According to proviso to Rule 5 (5) of the 1982 Service Rules, the quota prescribed for the two sources of recruitment was 75% by promotion and 25% by direct recruitment. The manner of direct recruitment has been laid down in Rule 15 of the 1982 Service Rules, whereas manner of promotion has been laid down in Rule 16 of the 1982 Service Rules. According to Rule 17 of 1982 Service Rules, if the recruitment from both the sources i.e. by direct recruitment and promotion, in a particular year of recruitment, a combined select list has to be prepared and the officers recruited have to be rotated in the select list as per the quota prescribed for both the sources of recruitment.;