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1997 Supreme(SC) 130

U. P. Secretariat U. D. A. Association Through Its Joint Secretary, G. C. Srivastava – Appellant
Versus
State Of U. P. – Respondent


ORDER

This special leave petition has been filed against the order of the Division Bench of the Allahabad High Court, made on July 2, 1996 in Writ Petition No. 6200/93. When the direct recruits had filed the special leave petition, this Court by order dated November 20, 1996 dismissed the same. Shri Gopal Subramaniam, learned senior counsel for the petitioners, who are now promotee U.D.C. in the U.P. Secretariat Services contends that the learned Judges have given their reasoning at pages 58 and 59 thus :

"from the aforesaid decisions of Hon ble Supreme Court, it is evident that the initial appointment of the promotees on officiating basis were not in accordance with the Rules, 1942, rather it de hors the rules. Contention of the petitioner that the quota as envisaged in Rule 21 of Rules 1942, has broken down or collapsed simply for the reason that due to certain administrative difficulties neither the selection for direct recruit nor the selection by promotion against the vacancies took place in the selection years with effect from 1971 to 1978, and hence according to the decision of Hon ble Supreme Court in O.P. Singhal v. Union of India (1994) 4 SCC 450 and Direct Recruit Class II




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