R.A. Sharma, J. - (1.) Petitioner was promoted on ad hoc basis from the post of Tahsildar to Provincial Civil Service (hereinafter referred to as P.C.S.) on 11.6.1985. He was allotted 1986 batch (recruitment year) and was confirmed in 1989. Tahsildars, who were junior to the petitioner and were also promoted on ad hoc basis to P.C.S. In June, 1985, were, however, allotted 1985 batch. Petitioner filed representation before the Government complaining against giving of 1986 batch to him. Not having heard anything from the Government, he filed this writ petition for writ of mandamus directing the respondents to allot him 1982 batch. Relief for grant of time and senior scales with retrospective effect was also claimed. Although in this writ petition, the petitioner has claimed 1982 batch, but his learned counsel has confined his case for 1985 batch only.
(2.) In pursuance of the promotion orders all promotees, excepting the petitioner, joined the P.C.S. before 1.7.1985. The petitioner, however, joined the said service on 3.8.1985. In paragraph 5 of the counter-affidavit, it has been stated that all those who joined the P.C.S. by 30th June, 1985 pursuant to the orders of promotion, have been allotted 1985 batch, but as the petitioner joined the said service on 3.8.1985, i.e., after 30th June. 1985 he was allotted 1986 batch. It is thus apparent that the respondents have allotted the recruitment year on the basis of date of joining the service and not on the basis of the order of promotion. Seniority of the petitioner and other promotees in the feeding cadre of Tahsildar has also been ignored.
(3.) The Uttar Pradesh Civil Services (Executive Branch) Rules, 1982 (hereinafter referred to as the Rules) provide for source of recruitment. Including the basis for fixing the seniority of the persons who were appointed/promoted to P.C.S. Sub-rule (3) of Rule 23. which deals with the inter se seniority of the person, appointed by promotion, is as under : "23 (3). The seniority inter se of persons appointed by promotion shall be the same as it was in the cadre from which they were promoted." Relevant criteria for fixing the seniority of the promotees as provided by the said rule is the seniority in the feeding cadre from which the promotion was made. In the feeding cadre, i.e., cadre of Tahsildar, the petitioner was senior and, therefore, he could not have been made junior in P.C.S. to those who were junior to him in the cadre of Tahsildar, by allotting him recruitment year, 1986.;