SHASHI KANT,J. - (1.) Heard Sri Anil Kumar Bajpai, learned counsel for petitioners and Sri S.K. Mehrotra, learned Standing Counsel.
(2.) This writ petition under Article 226 of Constitution of India has been filed by an Association, namely, "Assistant Superintendents, Government Observation Homes Union, Uttar Pradesh" through its President, Beni Deen Patel, impleaded as petitioner 1 and two individuals namely Beni Deen Patel and K.B. Singh, who are working as Assistant Superintendents in Government Observation Homes, U.P. and are also office bearers of the Association. Petitioner nos. 2 and 3 i.e. Beni Deen Patel and K.B. Singh have joined this petition for protection of their own rights as well as members of petitioner 1, Association, in regard to their terms and conditions with context to the provisions of Juvenile Justice Act, 1986 (hereinafter referred to as "J.J. Act, 1986") replaced by Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as "J.J. Act, 2000").
(3.) Basic challenge thrown by petitioners is to Item 6 to appendix, U.P. Women Welfare Department (Non-Clerical) Employees Service Rules, 1998 (hereinafter referred to as "Rules 1998") which relate to the cadre of "Assistant Superintendent (Observation Homes and Bal Sadan)" (hereinafter referred to as "ASOHBS). It is contended that the same is ultra vires of the provisions of J.J. Act, 1986 and subsequently enacted statute namely J.J. Act, 2000.;