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2022 Supreme(SC) 1154

B. R. GAVAI, B. V. NAGARATHNA
Amit Singh – Appellant
Versus
Ravindra Nath Pandey – Respondent


Advocates appeared:
For the Petitioner(s): Mr. S.R. Singh, Sr. Adv. Mr. Sushant Kumar Yadav, Adv. Mr. Prateek Yadav, Adv. Mr. Prithvi Yadav, Adv. Mr. Gaurav Lomes, Adv. Mr. Ankur Yadav, AOR
For the Respondent(s): Mr. Pradeep Kant, Sr. Adv. Mr. Gaurav Goel, Adv. AOR Mr. Simranjeet Singh Rekhi, Adv, Mr. Rajesh Kumar, Adv. Mr. Tanmaya Agarwal, AOR Mr. Wrick Chatterjee, Adv. Mrs. Aditi Agarwal, Adv. Mr. Rakesh K. Sharma, AOR Mr. Jayant Mohan, AOR

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. The appeals challenge the judgment and order dated 4th September 2014, passed by the Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow, in Special Appeal No. 625 of 2008 and other connected Appeals, thereby, while upholding the order passed by the learned Single Judge, modifying it to the extent that the seniority list shall be prepared by applying the rota system to direct recruits and promotees appointed in one recruitment year.

FACTUAL BACKGROUND

3. The facts, in brief, giving rise to the present appeals are as under:

    3.1 The writ petitioners, who were promoted to the post of Assistant Consolidation Officers (hereinafter referred to as “the ACOs”) against the recruitment year 1997-1998, approached the learned Single Judge of the High Court, claiming that their seniority was above the direct recruits of the same recruitment year. It was the contention of the writ petitioners that the ACOs who were directly appointed were erroneously given seniority over the promotees. It was their contention that the seniority was required to be given in accordance with Rule 8(3) of the U.P. Government Servants Seniorit


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