Jayant Banerji, J. - (1.) By means of this Special Appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, the petitioners-appellants have challenged the judgment and order dated 11 January 2018, passed in Writ-A No.57976 of 2008 (Ranveer Singh Shrinet & and another Vs. State of U.P and others), whereby, the writ petition has been dismissed.
(2.) It has been stated in the writ petition that the petitioner-appellants, who were appointed as Cane Supervisors in the year 1999 and 2000 have challenged the Government Orders dated 4 June 1988 and 30 March 1994, by means of which, the post of Ganna Gram Sewak and Cane Supervisor have been merged. The contention of the petitioner-appellants was that the Ganna Gram Sewaks were governed by the Cane Development Department (Class 4) Service Rules, 1972 Ruls of 1972 which were formulated by the State Government in exercise of power conferred under Article 309 of the Constitution of India. Further, the conditions of service of Cane Supervisor were framed under the Uttar Pradesh Ganna Paryaveshak (Group III) Service Rules, 1978 Ruls of 1978. It was the contention that the aforesaid service rules framed under the proviso to Article 309 of the Constitution were sought to be modified by way of the aforesaid Government Orders dated 4 June 1988 and 30 March 1994 which were impermissible.
(3.) In view of the aforesaid, the writ petition was filed by the petitioner-appellants with the following prayers: "(i) Issue a writ, order or direction in the nature of certioari and thereby quash the G.O. Dated 4.6.1988 (Annexure no.4) as replaced by G.O dated 30th March, 1994 (annexure no.6) providing for merger, declaring the same as null and void, AND (ii) Issue a writ, order or direction in the nature of mandamus and thereby command the respondents to take appropriate steps declaring all such Cane Supervisors , who came to be so on account of merger, as Ganna Gram Sewak since 4.6.1988 and accordingly benefits of length of service be provided to them as per Ganna Vikas Kendra Class 4th Services Rules, 1972, OR (iii) Issue a writ, order or direction in the nature of mandamus and thereby command the respondents to prepare the separate seniority list of promoted Cane Supervisors and directly recruited Cane Supervisors and all further promotions on the post of Cane Development Inspector (cadre just above the Cane Supervisor) be made in accordance with rules providing for 1:1 pattern, treating such Cane Supervisors, who came to be so on account of merger, as promoted. (iv) Issue any other writ, order or direction in the nature, as the Hon'ble Court may deem fit and proper in the facts and circumstances of the case; (v) Award the cost of writ petition to the petitioner.";