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2021 Supreme(SC) 776

D. Y. CHANDRACHUD, VIKRAM NATH, B. V. NAGARATHNA
Ajay Kumar Shukla – Appellant
Versus
Arvind Rai – Respondent


Advocates appeared:
For the Petitioner(s):Shantwanu Singh, Pragya Singh, Preetika Dwivedi, Utkarsh Srivastava, Revathy Raghavan, Advocates
For the Respondent(s):Gopal Sankaranarayanan, Rohit Amit Sthalekar, Sankalp Narain, Parmanand Pandey, Utkarsh Srivastava, Ila Shikhar Sheel, Nanita Sharma, Siddharth, Ashish Choudhury, Navin Kumar Sehrawat, Vishnu Kant, Advocates

JUDGMENT :

Vikram Nath, J.

1. The present set of appeals preferred by the original writ petitioners (before the High Court) assails the correctness of the judgement and order dated 04.12.2019 passed by Division Bench of the Allahabad High Court in Special Appeal No. 819 of 2019, in between Rajesh Kumar Singh and Another vs. Rajeev Nain Upadhyay and 24 Others whereby the Division Bench allowed the appeal, set aside the judgment and order of the learned Single Judge and dismissed the writ petition.

Background:

2. The appellants, who were working as Junior Engineers in the Department of Minor Irrigation, State of Uttar Pradesh, aggrieved by the final seniority list dated 05.03.2010 challenged the same by way of Writ Petition No. 53123 of 2012, being Rajeev Nain Upadhyay and Others vs. State of Uttar Pradesh and Others. The appellants (Original Writ Petitioners) belong to the Mechanical and Civil Streams whereas Private Respondents are from the Agriculture Stream.

3. Originally when the petition was filed, challenge was only to the seniority list published on 05.03.2010. However, during the pendency of the petition by way of amendment, challenge was also made to the earlier seniority list p

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