JUDGMENT :

1. Heard Sri Dinesh Rai, learned counsel for the petitioners and Sri Harish Kumar Srivastava, learned standing counsel for the State-respondents.

2. This writ petition has been filed praying for the following reliefs:

''I. Issue a writ order or direction of appropriate nature declaring ultra-vires to the Rule 5 of the Uttar Pradesh Subordinate Executive (Naib Tehsildar) Service Rules, 2003 as amended by Uttar Pradesh Subordinate Executive (Naib Tehsildar) Service (Second Amendment) Rules, 2014 and by this amendment inside quota was prescribed as Rule 5(2) ka prescribed that out of 50% appointment by promotion, 41% promotion were to be made from the cadre of Revenue Inspector and 9% were to be promoted from Revenue Inspector who initially joined as Registrar Kanungo/Assistant Registrar Kanungo/Land Revenue Clerk as arbitrary, illegal and ultra-vires to Article 14 of the Constitution of India.

II. Issue a writ order or direction in the nature of mandamus directing the Respondents to promote the petitioners on the post of Naib Tehsildar in pursuance of the Rule 16 of the Uttar Pradesh Subordinate revenue Executives (Naib Tehsildar) Service Rules, 2003 on the basis of seniority list prepared after merger of all the cadre of Registrar Kanungo/Assistant Registrar Kanungo/Land Revenue Clerk in the cadre of Revenue Inspector.

(Annexure 9 to the writ petition).

IlI. Issue a writ order or direction in the nature of mandamus commanding respondent No. 2 not to promote/appoint Naib Tehsildar contrary to the seniority list as Annexure 9 to the writ petition and not to promote juniors to petitioners ignoring seniority of petitioners.

IV. Issue any other writ order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the present case.''

Facts

3. Briefly stated facts of the present case are that according to the petitioners they were initially appointed as Lekhpals and subsequently promoted to the post of Assistant Registrar Kanungo. Thereafter by Government Order No. 900@,d&9-2012&jktLo&9 dated 18.4.2012, the post of Assistant Registrar Kanungo/Registrar Kanungo and Land Record Clerk were amalgamated in the equal pay scale of the post of Revenue Inspector. The Uttar Pradesh Subordinate Revenue Executive (Naib Tehsildar) Service Rules, 2003 (hereinafter referred to as ''Naib Tehsildar Rules 2003'') was enacted which came into effect from 16.8.2003. As per Rule 5 (1) of the Naib Tehsildar Rules, 2003, 50% post of Naib Tehsildar were to be filled by direct recruitment through commission. As per Rule 5(2)(a) 41% post of Naib Tehsildar were to be filed through promotion from amongst substantially appointed Revenue Inspectors who have completed two years of service. As per Rule 5(1) (kha) of the Naib Tehsildar Rules 2003, 9% post of Naib Tehsildars were to be filled through commission by promotion from amongst the Registrar Kanungo who have completed 5 years of service. The Naib Tehsildar Rules, 2003 was amended by the 2nd amendment Rule 2014 notified by notification No. 328/1-0-2014-3-3(1)-67 PC dated 17.2.2014. By the aforesaid amendment Rule 5(2)(b) of the Naib Tehsildar Rules, 2003 was amended providing that 9% promotion through commission shall be made to the post of Naib Tehsildar from amongst such substantially appointed Rajasva Nirikshak (Revenue Inspector) whose original substantive post were Registrar Kanungo/Assistant Registrar Kanungo/Land Record Clerk and who have completed two years of service as Registrar Kanungo/Assistant Registrar Kanungo/Land Record Clerk/Rajasva Nirikshak on the first day of the year of the recruitment. The aforesaid 9% promotion quota is to continue till such time the availability of Registrar Kanungo/Assistant Registrar Kanungo/Land Record Clerk is fully exhausted and thereafter 50% quota for promotion to the post of Naib Tehsildar shall be filled by promotio