A.V.VARADARAJAN, S.MURTAZA FAZAL ALI
T. N. Saxena – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT
FAZAL ALI, J. :— This appeal by special leave is directed against a judgment dated 18-5-1979 of the Allahabad High Court quashing the impugned seniority list dated 4-4-1977 issued by the Government of U. P. (hereinafter referred to as the Government) which resulted in the reversion of respondents 2 to 5 to lower posts.
2. The facts of the case lie within a narrow compass and, in our opinion, seem to be concluded by several decisions of this Court. Respondents 2 to 5 had passed the High School Examination and entered the service of the Government as Marketing Inspectors tinder the establishment of Food & Supplies Department on various dates and were later confirmed on these posts. In fact, to begin with, the Department itself was temporary but was later on made permanent. It may be stated here that the post of Marketing Inspector was exempted from the scope of the Public Service Commission. The next higher post in the hierarchy of the Department was that of Senior Marketing Inspector and previous to the year 1964 these posts were filled entirely by promotion from Marketing Inspectors. As respondents 2 to 5 were already confirmed in their original post of Marketing Inspector,
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