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2023 Supreme(SC) 37

AJAY RASTOGI, ANIRUDDHA BOSE
Sushil Pandey – Appellant
Versus
State of U. P. Thr. Principal Secretary (Home) – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Piyush Sharma, AOR Mr. Shivam Dubey, Adv. Ms. Sakshi Raghav, Adv. Mr. Sridhar Potaraju, AOR Shri. Gaichangpou Gangmei, AOR Mr. Sudhanshu S. Pandey, Adv. Mr. Gaichangpou Gangmei, Adv. Mr. Arjun D. Singh, Adv. Mr. Yashvir Kumar, Adv.
For the Respondent(s): Ms. Ruchira Goel, AOR Mr. Piyush Sharma, AOR Ms. Rashmi Singh, AOR Mr. Siddharth, AOR Mr. Amit Kumar Agarwal, Adv.

JUDGMENT :

Aniruddha Bose, J.

The subject of controversy in this appeal is legality of a selection list for the posts of Assistant Radio Officers in the Uttar Pradesh Police Radio Department. This list was made on 25th October 2013, though the dispute goes back to the year 1998. As per the Uttar Pradesh Police Radio Service Rules, 1979 (“1979 Rules”), the vacancies in the said posts are required to be filled up 50% through direct recruitment and 50% by promotion from the feeder cadre (in this case Radio Inspectors). The appellants before us are from the feeder cadre. There have been several rounds of litigations in the past as regards formulation of the seniority position and the judgment which is under appeal before us, delivered by a Division of the High Court of judicature at Allahabad, Lucknow Bench on 22nd July 2014 has in substance, sustained the seniority list of 25th October 2013. The appellants have taken out an application (I.A. No. 163147 of 2021) for deletion of proforma respondent nos. 20 and 21. Respondent no. 21 has passed away on 7th July 2017. So far as the said


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