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2011 Supreme(All) 37

PRADEEP KANT, RITU RAJ AWASTHI
PREM KUMAR SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
S.K. Kalia, Dr. L.P.Misra, Rajan Roy, Samir Kalia, K.S. Pawar, Ramesh Pandey, Sandeep Dixit, P.K. Srivastava, B.K. Yadav, Pankaj Gupta, Upendra Nath Misra, Sharad Bhatnagar, Ashutosh Singh, Shishir Jain, Farid Ahmad, Umesh Chandra Pandey, S.M. Royekwar, Amit Bose, N.K. Pandey, B.K. Singh, Sudeep Seth, Rajesh Tiwari, Vikas Budhwar, Arvind Kumar, S.C. Shukla, Alok Mathur, Deepak Seth and Vivek Raj Singh for the Petitioners; R.N. Trivedi, P.N. Gupta, C.S.C, Mahesh Chandra, K.S.Pawar, Manish Kumar, Brijesh Kumar Jatav, S.C. Yadav, Sanchit S. Asthana, Anand Swaroop Rai, I.P.Singh, P.N. Gupta for the Respondents.

JUDGMENT

Hon’ble Pradeep Kant, J.—This bunch consists of writ petitions relating to the Government servants of Group A, Group B and Group C services in various Government departments of the State, like Vidhan Sabha, Civil Secretariat, Irrigation, Rural Engineering, Agriculture, Statistics, Drugs Control, Consolidation, Education, Medical and Health, Veterinary, Soil Conservation, Fire Service and Public Works Department, etc. and writ petitions relating to corporations, like U.P. Jal Nigam and U.P. Power Corporation Limited, etc.

2. All the writ petitions raise common challenge to the Uttar Pradesh Government Servants Seniority (Third Amendment) Rules, 2007 and in particular Rule 8-A and similar provisions in the service rules of the Corporations and other departments.

3. The writ petitions have made a challenge to the aforesaid Rule and also to Section 3(7) of the Uttar Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 as ultra vires Articles 14, 16(4-A) and 335 of the Constitution of India, with a further prayer that the respondents be directed not to provide reservation in the matter of promotion in concerned departme































































































































































































































































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