By the Court—This writ petition arises out of the order dated 16th November, 1998 passed by the State Public Services Tribunal, Lucknow deciding 606 claim petitions involving similar issues with respect to seniority of Social Workers, Family Planning Health Assistants, Sanitary Inspectors, Health Supervisors and Epidemic Assistants, Extension Educators working in the Department of Family Welfare, Directorate of Medical Health, Govt. of U.P.

2. Learned Tribunal has disposed of the claim petitions by issuing following directions :

ORDER

All the Claim Petitions of aforementioned are hereby finally disposed of in terms and to extent of the following directions :

“(1) The O.P.s are hereby directed to :

(i) Prepare and finalise by 15.1.1999 district-wise seniority list (briefly to be known as D.S.L.) in respect of incumbents of all social Workers, Family Planning Health Assistants, Sanitary Inspectors, Health Educators and Epidemic Assistants constituting the feeding cadres for promotion to the posts of Extension Educators, in accordance with the Government Orders or Rules of Seniority in force on the date of the incumbents’ appointments.

(ii) Thereafter draw a combined State Level Seniority list (to be known as SSL) by 15.2.1999 of the incumbents of all the feeding cadres aforesaid covered by G.O. No. 285/XVI/C-III-FP-31/1967 dt. 4.8.1967 indicating against each name the date of promotion on regular basis and date of ad hoc promotion or the date of direct appointment to the post of Extension Educator.

(2) Sort out and prepare short list of the incumbents promoted against promotion quota on regular basis and another short list of incumbents promoted on ad hoc basis or in excess of the promotion quota and a third list of the incumbents appointed directly as Extension Educator (Briefly known the first list as R.P. second list as AD-P and third list as d.K.) by 15.3.1999.

(3) Identify those petitioners and the incumbents of other feeding cadre whose immediate juniors according to the SSL have been promoted substantively within the prescribed promotion quota as Extension Educator during the period 4.8.1967 till June 1976 and prepare the list of rightful Claimants (to be briefly known as R.c.) by 31.3.1999 for consideration of their promotion as Extension Educators within the vacancies calculated on the basis of promotion quota as revised from time to time.

(4) Consider the petitioners and other incumbents mentioned in the R.C. for promotion to the post of Extension Educators (re-designated subsequently as Health Education Officer) though a regularly constituted Selection Committee on the basis of their respective service record for the relevant period from the date of the substantive promotion of the respective junior by 30.4.1999.

(5) Promote those petitioners who are found fit for promotion by the Selection Committee and specify the date on which they are found fit for promotion and issue the orders of promotion with effect from the retrospective due date by 15.5.1999.

(6) Pay to the promoted petitioners the amount of arrears of difference of salary due on promotion from the due date either in cash partly or wholly or by crediting the amount partly or wholly in the GPF account of the concerned promotees but to pay the whole amount in cash to the promoted petitioners who have since superannuated, by 31.5.1999.

(7) Deal with the ad hoc promotees including those promotees promoted in excess of the prescribed promotion quota in accordance with the provisions of the U.P. Regularisation of Ad hoc Promotion Rules, 1988 as may be found applicable and in accordance with the decision of the Hon’ble Supreme Court in the case of Mahmodd Hasan v. State of U.P. 1997 (3) SCC 138 pertaining to the promotion of Supply Inspectors in the Food & Civil Supplies Deptt. Of the Govt. of U.P.

(8) Take such other action as may be found just and proper either to increase the promotion quota or decrease the quota for direct recruitment or vice versa with a view to ac