Ritu Raj Awasthi, J. - (1.) Heard Mr. Kapil Dev, learned Senior Advocate assisted by Mr. Ashwani Kumar, learned counsel for the petitioners, Mr. Gyanendra Kumar Srivastava, learned Standing Counsel for the opposite parties no.1 to 3, Mr. R.K. Katiyar, learned counsel appearing on behalf of opposite parties no.4 and 5 and Mr. Samanvaya Dhar Dwivedi, learned counsel for the opposite parties no.12 to 25. The respective opposite parties have filed their counter affidavits, to which rejoinder affidavits have been filed by the petitioners.
(2.) The writ petition has been filed challenging the impugned order/letter dated 4.11.2009, copy of which is annexed as Annexure-1 to the writ petition, whereby the State Government has taken a decision that all such Veterinary Officers who were not allocated the State of Uttar Pradesh after bifurcation of the State and have been subsequently absorbed in the State of Uttar Pradesh, seniority of such employees shall be determined from the date of their absorption. The petitioners have also challenged the impugned seniority list as contained in Annexure-2 to the writ petition so far as it relate to the fixation of seniority of Veterinary Medical Officers of 1997 batch. The petitioners have prayed for a writ of mandamus commanding the opposite parties to fix the seniority of the petitioners from the date of their selection in the service as per Uttar Pradesh Government Servants Seniority Rules, 1991.
(3.) As per the facts of the case as given in the writ petition the petitioners had joined the services of the opposite parties as Veterinary Officers after their selection by U.P. Public Service Commission in the year 1997 and 1998 and they were placed in erstwhile hill sub-cadre in the State of Uttar Pradesh, but their services were transferable within the territory of entire State of Uttar Pradesh.;