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2021 Supreme(All) 674

DINESH KUMAR SINGH
Dhananjay Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Hemendra Pratap, Girijesh Kumar Dwivedi, Kshitij Mishra.
For the Respondents: Ram Raj, Rishabh Raj.

JUDGMENT :

DINESH KUMAR SINGH, J.

1. Present writ petition under Article 226 of the Constitution of India has been filed impugning seniority list dated 02.01.2020, wherein the petitioners have been placed below the private respondents.

2. The petitioners are working as Junior Engineer (Civil) and their services are governed under The Uttar Pradesh Development Authorities Centralized Services Rules, 1985 (hereinafter referred to as ‘Rules of 1985’) framed under Uttar Pradesh Urban Planning and Development Act, 1973 (hereinafter referred to as ‘Act of 1973’) by an amendment brought in on 27.04.1985, which empowered the State Government to create centralized services for all the development authorities of the State.

3. In exercise of the powers conferred under Sub-Section 5A of the Act of 1973, Rules of 1985 were enacted. These Rules were inforced with effect from 25.06.1985. The petitioners were appointed on 23.11.1984 on temporary basis on the posts of Junior Engineer (Civil) at Kanpur Development Authority by the said development authority.

4. It appears that the State Government had issued orders/directives to all Chairman, Development Authorities and Vice Chairman of the Development A

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