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2010 Supreme(All) 3715

SABHAJEET YADAV, S.K.SINGH
MUKUND KUMAR SRIVASTAVA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Swam Kumar Srivastava and Anil Kumar Srivastava for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

By the Court.—Heard Sri Anil Kumar Srivastava, learned Advocate for the petitioner, Sri Pankaj Saxena, learned Standing Counsel for the respondents and Sri Vikas Budhwar, learned Advocate for caveator. The order which we propose to pass in the writ petition, we need not call for any response from the respondents as same can be decided as fresh without any counter affidavit.

2. While working as Executive Engineer in Rural Engineering Services at Sonebhadra Division, Sonebhadra the petitioner has filed above noted writ petition challenging the Seniority List of Executive Engineers of Rural Engineering Services published vide Office Memorandum No. 2950/62-3-2010-45-RES/2010 dated 8.9.2010 of State Government contained in Annexure-1 of the writ petition by seeking writ of certiorari. Further reliefs in the nature of mandamus to declare Rule 8A of the Uttar Pradesh Government Servants Seniority (Third Amendment Rules) 2007 as ultra vires and unconstitutional and directing the respondents not to proceed with and/or to promote any person on the next higher posts on the basis of the impugned Seniority List of Executive Engineers of Rural Engineering Services are also sought for.

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