Point of Law: The heading of a Section or marginal note may be relied upon to clear any doubt or ambiguity in the interpretation of the provision and to discern the legislative intent. However, when the Section is clear and unambiguous, there is no need to traverse beyond those words, hence, the headings or marginal notes cannot control the meaning of the body of the section. Therefore, the contention of Respondent No.1 herein that the heading of Section 33 of the Act is “Reservation of posts” will not play a crucial role, when the Section is clear and unambiguous

JUDGMENT :

1. Heard Sri Gaurav Mehrotra and Sri Abhinav Singh, learned counsel for the petitioners, learned State Counsel for Opposite Parties No. 1 and 2 and Sri Sudeep Seth, learned Senior Advocate, assisted by Sri V.K. Singh for Opposite Party No.3, Sri Suraya Narayan Mishra for Opposite Party No.13, Sri Hemant Mishra for Opposite Party Nos. 14 and 15 and Sri Apurva Tewari, who has moved an impleadment application on behalf of one Sri Mahesh, he has been allowed to make his submissions.

2. The present writ petition has been preferred by the petitioners feeling aggrieved by the final Seniority list issued vide office order no.871E/2019-371E/GPT/85-18 dated 15.04.2019 in so far as it relates to the placement of the petitioners below Passenger Tax/Goods Tax Superintendents, whose services have been merged in the higher cadre of posts of Passenger Tax, Goods-Tax Officer to which petitioners were directly appointed. They have also challenged the order dated 15.04.2019, by which the representation of the petitioners against the tentative seniority list has been rejected.

3. The dispute pertains to the placement of seniority on the post of Passenger Tax, Goods-Tax Officer amongst the direct recruits i.e. the petitioners and the private respondents, who were working on the post of Passenger Tax/Goods Tax Superintendents, the feeding cadre for promotion to the post of Passenger Tax, Goods-Tax Officers, but their services have been merged with Passenger Tax, Goods-Tax Officers vide Government Order dated 3.5.2011 abolishing post of Passenger Tax/Goods Tax Superintendents.

4. The services of the petitioners and the respondents are governed by the Provisions of the Uttar Pradesh Transport Taxation (Subordinate), Service Rules, 1980 (hereinafter referred as ‘Rules 1980’). The Rule 5, in Part III of the Rules 1980 deals with sources of recruitment to the service and as per Sub-Rule (1) of Rule 5, the post of Passenger Tax/Goods-Tax Officers is to be filled up by direct recruitment through the Commission and by promotion also through the Commission from amongst the permanent Passenger Tax/Goods Tax Superintendents, who have put in at least 5 years of continuous service as such besides some other sources. According to the Rule 5, the post of Passenger Tax, Goods-Tax Officers were advertised by the U.P. Public Service Commission in the year 2009. The petitioners, since fulfilled the requisite eligibility criteria, applied for the aforesaid advertised post and were selected for appointment.

5. Thereafter, the State government issued a Government Order dated 3.5.2011, by which the Post of the Passenger/Goods Tax Superintendents was abolished and the persons working on those posts were merged with the post of Passenger Tax Goods Officers. The government order dated 3.5.2011 was challenged by the ministerial employees, who were also eligible to be considered for promotion on the post of Passenger Tax, Goods-Tax Officers alongwith Passenger Tax/Goods Tax Superintendents, by filing a Writ Petition No.2811 (S/S) of 2011 (Ministerial Service Association Transport Lucknow vs. State of U.P.) and in this case, an interim order dated 27.05.2011 was passed by this Court directing for maintaining the status quo till the next date of listing.

6. In the above mentioned writ petition, an application was preferred by the State of U.P. for modification/clarification of the order dated 27.05.2011 to the extent that the 15 selected candidates including the present petitioners be allowed to join on the post of Passenger Tax, Goods-Tax Officers. The application for modification was allowed by this Court vide order dated 22.02.2013 allowing the 15 selected candidates including the present petitioners to join on the post of Passenger Tax, Goods-Tax Officer.

7. The appointment letters were issued on 22.07.2013 as far as the petitioners no.2, 3, 4, 5, 6, 8, 9 and 10 are concerned and on 6.8.2013 as far as it relates to Petitioners No.1 and 7.

8. The petitioners also preferre