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2018 Supreme(All) 68

ASHWANI KUMAR MISHRA
RAM BABU YADAV – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Gaurav Mehrotra, Akhilesh Kumar Srivastava, Harsh Vardhan Mehrotra, Laltaprasad Misra, Santosh Kumar Tripathi and Mahendra Prakash Raju for the Petitioners; C.S.C., A.P. Singh, Akhilesh Srivastava, Dr. V.K. Singh, S.M. Royekwar, Vinayak Saxena, Anurag Shukla and S.K. Tripathi for the Respondents.

JUDGMENT

Hon’ble Ashwani Kumar Mishra, J.—This bunch of writ petitions raise common questions of law and fact, and have been heard together. They are, thus, being disposed of by this common judgment. Writ Petition No. 4379(S/S) of 2013 (Ram Babu Yadav and others v. State of U.P. and others) is taken as the leading case.

2. Petitioners have been promoted as Sub-Inspectors after clearing departmental competitive examination, in civil police, in 2008, and are claiming seniority from a previous date. Parity is sought with those who have been promoted as Sub-Inspectors under seniority subject to rejection category, as well as direct recruits appointed pursuant to recruitment exercise initiated in the same year of recruitment as that of petitioners. The seniority list as well as the orders rejecting their claim in this regard are the subject-matterof challenge in these writ petitions.

3. Background facts, giving rise to the controversy are therefore noticed first. Police Act, 1861 is the parent legislation operating in the field. On 29.10.1965, a Government Order was issued laying d









































































































































































































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