JUDGMENT :

Rajesh Singh Chauhan, J.

1. Heard Sri A.P. Singh, learned Senior Advocate, assisted by Sri Amrendra Pratap Singh, learned counsel for the petitioners in leading writ petition as well as Sri I.M. Pandey, learned counsel for the petitioners in Service Single No.2397 of 2020, Sri Sharad, learned Standing Counsel for the State, Sri Amit Bose, learned Senior Advocate, assisted by Sri Abhishek Bose, learned counsel for the intervenor.

2. By means of first writ petition, only one prayer has been made, which is as under:-

"(a) issue a writ, order or direction in the nature of mandamus commanding the Opposite parties to fill up the vacancies in the cadre of Workshop hand occurring prior to promulgation of Uttar Pradesh Police Radio Subordinate Service (IInd amendment) Rules, 2016 in accordance with the provisions of Uttar Pradesh Police Radio Subordinate Service Rules, 2015."

3. By means of second writ petition, following prayers have been made:-

"1. Issue a writ, order or direction in the nature of ceriorari to quash order bearing no.W-43/2019 dated 22.11.2019 passed by the opposite party no.2 whereby the representation of the petitioners for promotion on the post of Workshop Hand under the 25% promotion quota as prescribed under Rule -5(1)(a) read with rule 17 of U.P. Police Radio Subordinate Service Rules -2015 as amended by U.P. Police Radio Subordinate Service (IInd Amendment) Rules 2016, has been rejected in wholly unlawful and arbitrary manner refusing to hold selection for promotion to the post of Work Shop Hand until final disposal of the Writ Petition No.29369(S/S) of 2016 or vacation of interim order dated 16.12.2016 and 25.5.2018 passed therein as contained in annexure no.1 to the writ petition.

2. Issue a writ, order or direction in the nature of Mandamus commanding the Opposite Parties to consider the Petitioners for promotion on the post of Workshop Hand under Rule -5(1)(a) read with rule 17 of U.P. Police Radio Subordinate Service Rules-2015 as amended by U.P. Police Radio Subordinate Service (IInd Amendment) Rules 2016, against the existing vacancies as shown in the chart of vacancies of the various posts of department as on 31.08.2019 contained in annexure no. 5 to the writ petition excluding the vacancies which had been ascertained prior to U.P. Police Radio Subordinate Service (IInd Amendment) Rules 2016 i.e. 19.10.2016 (the date of notification no.18/2016/2792/6-Pu-01-16-1300 (7)/ 1994 whereby the U.P. Police Radio Subordinate Service (IInd Amendment) Rules 2016 were notified) within a short reasonable period to be prescribed by this Hon'ble Court in the interest of Justice."

4. In both the writ petitions since the question of law to be adjudicated is one and same, therefore, with the consent of learned counsel for the parties I hereby dispose of both the writ petition by means of common order.

5. The question to be adjudicated in both the writ petitions is that as to whether the promotion on the post of Workshop Hand in Uttar Pradesh Police Radio Branch Headquarters, Lucknow (hereinafter referred to as "department in question") for the vacancies occurring prior to the year 2016 can be made on the basis of Uttar Pradesh Police Radio Subordinate Service (Second Amendment) Rules, 2016 or in view of the provisions of Uttar Pradesh Police Radio

6. Ignoring the detailed facts of the issue in question, only those facts are being considered which are necessary to adjudicate the issue in question.

7. In both the writ petitions, the petitioners were initially appointed on the post of Messenger Peon/Group 'D' post from the year 1989 to 1993. Later on, all the petitioners were confirmed on such post and have been allowed all service benefits admissible as per law e.g. selection grade, promotional pay scale, benefit of A.C.P. etc.

8. Notably, for the U.P. Police Radio Branch of the Police Force, the Governor of U.P. in exercise of powers vested in him under Section 15 of the U.P. Pradeshik Armed Constabulary Act, 1948 (hereinaf