BISWANATH SOMADDER,AJAY BHANOT,J. - (1.) The instant Special Appeal arises out of a judgment and order rendered by a learned Single Judge on 14.05.2019 in Writ-A No.53123 of 2012, Rajeev Nain Upadhyay and others v State of U.P. and others, wherein the learned Single Judge was pleased to allow the writ petition after quashing the seniority list dated 05.09.2006 and 05.03.2010.
(2.) A writ in the nature of mandamus was also issued by the learned Single Judge, directing the respondents to draw up a fresh seniority list in accordance with Rule 5 of the Seniority Rules of 1991. Relevant directions of the learned Single Judge are extracted hereunder: "37. Writ petition consequently succeeds and is allowed. Impugned seniority lists dated 5.9.2006 and 5.3.2010 stands quashed. A writ of mandamus is issued directing the respondents to draw a fresh seniority list in accordance with Rule 5 of the Seniority Rules of 1991, particularly as relevant records relating to selection are available with the U.P. Public Service Commission. Any promotion made during the pendency of present writ petition would not be interfered with but would remain subject to the fresh seniority list to be prepared in terms of the Seniority Rules of 1991. No order is passed as to costs."
(3.) An application for leave to appeal was filed in aid of the memo of appeal since the applicants were not impleaded as co-respondents in the writ petition. The application for leave to appeal was allowed by this Court by an order dated 02.07.2019. Consequently, the applicants are now the appellants before this Court in the instant Special Appeal.;