Seniority in service is a statutory right determined by established merit lists, with waiting list candidates lacking rights to precedence over those appointed from the main list.

JUDGMENT :

Irshad Ali, J.

Heard Shri Anupam Mehrotra, learned counsel for the petitioners, Shri Upendra Nath Misra, learned Senior Advocate assisted by Sri Neel Kamal Mishra, learned counsel for the respondent-State, Shri R.K. Upadhyaya, learned counsel for respondent No. 3, Shri Shujauddin Waris, learned counsel for respondent Nos. 4 and 10 and Shri Surya Mani Singh, learned counsel for respondent Nos. 8 and 11.

2. This bunch of writ petitions is being decided by means of a common judgment and order treating Writ-A No. 2986 of 2010 to be leading writ petition and the judgment and order passed therein, shall be equally applicable to all the connected writ petitions.

3. By means of the present writ petition, the petitioner has prayed for the following reliefs :

''(i) issue a writ order or direction in the nature of Certiorari for quashing the impugned order dated 23.4.2010 alongwith seniority list against the attached with impugned order.

(ii) issue a writ order or direction in the nature of Mandamus commanding the opposite parties to restore back seniority list dated 29.12.2005 by placing the opposite party No. 4 to 11 below from the petitioners.

(iii) issue a writ order or direction of mandamus commanding the opposite party No. 1 and 2 not to take any action for promotion to the opposite parties Nos. 4 to 11 according to the impugned seniority list on the next higher post.

(iv) issue a writ order or direction in the nature and manner which deemed just and proper in the circumstances of the case.

(v) Allow the writ petition with costs.''

4. Factual matrix of the case is that in the year 1995, 82 posts of the Assistant Accountants were notified by the opposite party No. 3 against which the selection was held and finalized for appointments of the Assistant and also finalized for appointment of the Assistant Accountant in Secretariat U.P., Lucknow.

The opposite party No. 3 notified the result of the 82 vacancies in which the opposite party Nos. 4 to 11 were not selected as they were in waiting list. The opposite party No. 3, in the select list of 75, selected candidates on 6.12.1997; selected again for 4 candidates on 6.8.1998; and for 3 candidates on 28.10.1999.

The appointment letters were issued to the petitioners for the appointment on the posts in question between 26 February, 2000 upto March, 2000 and they have submitted their joining as per dates mentioned in the impugned seniority list.

After joining of the petitioners and other persons as per selection held by the opposite party No. 3 the final seniority list of the cadre of the Assistant Accountants was issued on 20.9.2001 in which the names of the opposite party Nos. 4 to 11 are not find place as they were in waiting list.

One Sri Ghan Shyam Singh alongwith 2 others filed Writ Petition No. 7775 of 2001 before this Hon'ble Court at Allahabad by making prayers that certain posts yet has not been filled up and some selected candidates did not turn up or after joining they have resigned. This Hon'ble Court directed for sending the requisition for calling the names for filling the unfilled vacancy, vide judgment and order dated 17.5.2001.

In compliance of the aforesaid judgment, the State Government asked for the names of the persons who were in waiting list and accordingly, the opposite party No. 3 sent the name of the 23 persons for appointment against unfilled v