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2014 Supreme(All) 2412

DEVI PRASAD SINGH, ARVIND KUMAR TRIPATHI
Ravindra Nath Pandey – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Rajan Roy, Rahul Srivastava, Ranjana Agnihotri and Sudha Sharma.
For the Respondents: C.S.C., Gyanendra Kumar Srivastav and Y.K. Mishra.

JUDGMENT

Devi Prasad Singh, J.

1. These special appeals under the Rules of the Court (Chapter VIII Rule 5) have been preferred, being aggrieved with the judgment and order dated 29.9.2008, passed by learned Single Judge in writ petition No. 6015(S/S) of 2005 and other connected petitions deciding an issue relating to inter se dispute between the direct recruits and promotees in the cadre of Assistant Consolidation Officer.

2. We have heard Mr. R.K. Tiwari, learned Senior counsel, Mr. Shobhit Mohan Shukla and other counsels on behalf of the appellants as well as Mr. S.K. Kalia, learned Senior Counsel and others representing the respondents.

3. Controversy relates to inter se seniority of the cadre of Assistant Consolidation Officers between direct recruits and promotees in pursuance to U.P. Government Servants Seniority Rules, 1991 (in short, 1991 Seniority Rules).

4. It has been admitted at bar that the direct recruits were appointed on 18.8.1997 whereas the promotees were promoted on the post of Assistant Consolidation Officer on 16.12.1997 within their quota (67%) in pursuance to U.P. Revenue Consolidation Service Rules, 1992 (In short, 1992 Rules). Promotions were done within the quo










































































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