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2021 Supreme(All) 853

DINESH KUMAR SINGH
Rajesh Kumar Tandon – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Vijay Kumar Srivastava, Shailendra Kumar Dubey.
For the Respondents: Alok Saxena, Dilip Mani, Girdhari Lal Shukla, Shobhit Mohan Shukla, Vijay Dixit.

JUDGMENT :

DINESH KUMAR SINGH, J.

1. WRIT PETITIONS:

    These petitions have been filed for quashing the seniority list dated 09.08.2012 issued by the State Government for the cadre of Assistant Commissioner, Commercial Tax as well as order dated 20.03.2020 passed by the Government whereby representation dated 03.08.2019 given by one of the petitioners for re-fixing/revisiting the seniority list dated 09.08.2012 by placing Direct recruit Assistant Commissioners en-block over and above the promotees Assistant Commissioners has been rejected.

2. FACTS:

    Since common questions of fact and law are involved, the facts of the lead petition are mentioned herein-below for deciding the controversy involved in these petitions.

(i) The petitioners and private respondents are posted as Deputy Commissioner in different districts of Uttar Pradesh in Commercial Tax Department, U.P. after they were promoted in the year 2014 based on seniority list dated 09.08.2012. Services of the petitioners as well as private respondents are governed under U.P. Sales Tax Service Rules, 1983 (hereinafter referred to as ‘Rules 1983’) as amended from time to time.

(ii) The petitioners are direct recruits to the post of Assist

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