AMARJEET SINGH Vs. DEVI RATAN

JUDGEMENT

(1.) These appeals have arisen from the judgment and order dated 11-4-2002 passed by the High Court of Allahabad (Lucknow Bench) by which it has allowed the writ petitions filed by the respondents quashing the seniority list dated 12-7-2000 issued by the State Government for the Excise Inspectors.

(2.) The facts and circumstances giving rise to these appeals are that the appellants and the respondents in these cases were appointed as Excise Inspectors under the provisions of the U.P. Excise Service (Class II) Rules, 1970 (hereinafter called as "the 1970 Rules"). The parties became eligible for consideration for promotion to the post of Superintendent of Excise under the said 1970 Rules. The criteria of promotion for the post of Superintendent of Excise and for the higher post of Assistant Excise Commissioner (hereinafter called "AEC") had been "merit" under the provisions of the U.R Assistant Excise Commissioners Service Rules, 1992 (hereinafter called as "the 1992 Rules"). The said Rules stood amended w.e.f. 10-10-1994 and the criteria for promotion was changed from "merit" to "seniority subject to rejection of unfit".

(3.) The appellant Amarjeet Singh along with some other Excise Inspectors filed Writ Petition No. 1113 (SB) of 1994 before the Allahabad High Court challenging the selection process for promotion under the 1992 Rules. The High Court vide judgment and order dated 1-2-1995 held that the vacancies which had come into existence prior to 10-10-1994 i.e. the date of amendment, be filled up as per the unamended Rules i.e. on the basis of "merit" and not on the basis of "seniority subject to rejection of unfit".