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2009 Supreme(SC) 1748

HARJIT SINGH BEDI, B.S.CHAUHAN
Amarjeet Singh – Appellant
Versus
Devi Ratan – Respondent


Advocate Appeared:
Rakesh Dwivedi, Dinesh Dwivedi, Sr. Advs., Gaurav Aggarwal, (A.C.), Vishwajit Singh, Siddharth Sengar, Rahul Dua, Ankit Dalela, Manish Shankar, Abhishek Kr. Singh, Ravi Prakash Mehrotra, Mukesh Verma, and Ashok K. Srivastava, Advocates, with them, for the appearing parties.

ORDER

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 respondents in these cases were appointed as Excise Inspectors under the provisions of U.P. Excise Service (Class-II) Rules, 1970 (hereinafter called as “the Rules 1970”). The parties became eligible for consideration for promotion to the post of Superintendent of Excise under the said Rules, 1970. The criteria of promotion for the post of Superintendent of Excise and for higher post of Assistant Excise Commissioner (hereinafter called “AEC”) had been “merit” under the provisions of. U.P. Assistant Excise Commissioners Service Rules, 1992 (hereinafter called as ‘the Rules 1992). 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:” The Appellant Amarjeet Singh alongwith some other Excise Inspectors filed








































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