JUDGEMENT
U.K.DHAON, J. -
(1.) HEARD Sri I. B. Singh, learned counsel for the petitioner, Sri Asit Kumar Chaturvedi, learned counsel for opposite parties 3 and 4. The learned standing counsel for opposite parties 1 and 2 and Sri R. K. Singh the learned counsel for Sri Raghvendra Vikram Singh to whom right of hearing was granted.
(2.) THE petitioners being aggrieved by the order dated 13.3.2003, passed by the opposite parties No. 1 and 2 by which the seniority of the opposite parties No. 3 and 4 has been re-fixed in the Provincial Civil Services (Executive Branch) from Batch Year 1976 and 1977 respectively, have approached this Court. The petitioners have alleged that they joined Provincial Civil Services (Executive Branch) after the recommendation of the U. P. Public Service Commission and qualifying the test for appointment. The petitioners have alleged that Sri Sudhir Kumar, opposite party No. 3 was commissioned in the Army on 19.3.1977 as a Short Service Commission Officer and was released from defence services on 12.5.1982. The opposite party No. 3 passed the examination for appointment in the Provincial Civil Services in the year 1984 and joined the State Services on 7.7.1986. The opposite party No. 3 was confirmed on 7.7.1988 and was allotted the batch year 1985 for the purposes of seniority. The petitioners have further alleged that Sri Rajendra Singh respondent No. 4 applied for short Service Commission and was commissioned as an officer of the Army on 13.3.1978 and he was discharged from defence services on 5.7.1983. The opposite party No. 4 joined Class II/Group B service of the State of U. P., on 1.11.1987 and was confirmed on 1.11.1989. The opposite party No. 4 was allotted the Batch Year 1986 for the purposes of seniority.
The petitioner No. 1 of Writ Petition No. 494 (S/B) of 2003 joined Class II/Group B service of the State of U. P., as P.C.S. Officer. He was confirmed in the services on 3.9.1980 and was allotted the Batch Year 1977 for the purposes of seniority. The petitioner No. 2 of Writ Petition No. 494 (S/B) of 2003 joined Class II/Group B service of the State of U. P., as P.C.S. Officer on 16.7.1978 as a direct recruit and was confirmed on the said post on 1.4.1982. He was allotted the Batch Year 1977 for the seniority purposes.
(3.) THE petitioner No. 1 of Writ Petition No. 504 (S/B) of 2003, joined the Provincial Civil Services (Executive Branch) on 21.7.1979 he was confirmed on 1.11.1985 and was awarded the Time scale w.e.f. 22.7.1986. The petitioner No. 2-Shambhu Singh Yadav of Writ Petition No. 504 (S/B) of 2003 has joined the service on 6.4.1971 on the recommendation of the U. P. Public Service Commission he was confirmed on 6.4.1980 and was awarded time scale w.e.f. 21.7.1986.;
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