IMPORTANT POINT
The court affirmed the validity of the merger of Senior Supply Inspectors with Area Rationing Officers effective from 30.06.2011, ruling that executive orders cannot override statutory rules.

JUDGMENT :

ATTAU RAHMAN MASOODI, J.

1. Heard Sri V.P. Nag, learned Additional Chief Standing Counsel appearing for the State-appellants in Special Appeal No. 541 of 2023, Sri J.N. Mathur, learned Senior Advocate assisted by Sri Satyanshu Ojha, learned counsel for the appellants in Special Appeal No. 273 of 2023 and Sri Sandeep Dixit, learned Senior Advocate assisted by Sri Shobhit Mohan Shukla, learned Counsel appearing for the appellants in Special Appeal No. 273 of 2023 and Sri Gaurav Mehrotra & Sri Utsav Mishra, learned counsel for the contesting respondents in all appeals.

2. All the aforesaid three appeals are filed under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 challenging the judgment and order dated 03.05.2023 passed in Writ (A) No. 1600 of 2017, Sushil Mishra and another v. State of Uttar Pradesh and others whereby the writ petition filed by the petitioners, respondents herein, was allowed setting aside the seniority list dated 31.03.2016 of Area Rationing Officer, Department of Food and Civil Supplies, Government of Uttar Pradesh in so far as it relates to placing the petitioners in the writ petition below 173 Senior Supply Inspectors.

3. The facts of the case that can be drawn in narrow compass are to the effect that the recruitment and the conditions of service of persons appointed on Class-III posts of subordinate service in the Department of Food and Civil Supplies are governed under the Uttar Pradesh Food and Civil Supplies (Supply Branch) Subordinate Service Rules, 1980 (in brief, it is stated as ‘Rules 1980’). The posts of Supply Inspector and Senior Supply Inspector are the category of posts which would be governed under the said Service Rules, 1980. Under Rule 5 of the Rules, 1980, 50% of the posts of Supply Inspector are to be filled up by direct recruitment through Commission, and 50% by promotion through consultation with the Commission from amongst permanent Head Clerks/Accountants working in the Supply Branch of the Food and Civil Supplies Department. Similarly, 50% of the posts of Senior Supply Inspector were to be filled up by direct recruitment through Commission and 50% by promotion through consultation with the Commission from amongst the permanent Supply Inspectors having put in five years substantive service.

4. Rule 5 of Uttar Pradesh Food and Civil Supplies (Supply) Service Rules, 1981 (here-in-after it has been referred to as ‘Rules 1981’) provides that the posts of Area Rationing Officer were to be filled up by two sources of recruitment i.e. 50% by promotion from amongst Senior Supply Inspectors and 50% by means of direct recruitment. By way of First Amendment in the Service Rules, 1981, direct recruitment to the post of Area Rationing Officer was to be made by means of examination to be conducted by the Uttar Pradesh Public Service Commission (briefly, it is stated as ‘Commission’).

5. The appellants of Special Appeal Nos. 272 of 2023 and 273 of 2023 were inducted in service as Supply Inspectors in the year 2001 and they were governed under Rules, 1980. Later on, they were promoted on the post of Senior Supply Inspector on 26.02.2010.

6. Considering that two distinct and separate wings, namely, Supply and Marketing Branches are actively working in the department, the Pay Committee, 2008, while examining the nature of duties of two branches and looking to the enhancement of area of working and duties, the Committee made a recommendation for merger of Senior Supply Inspector working in the pay scale of Rs.5000-8000 (revised pay scale of Rs.9300-34800 and Grade Pay Rs.4,200/-) with Area Rationing Officer working in the pay scale of Rs.5500-9000 (revised pay scale of Rs.9300-34800 and Grade Pay Rs.4,200/-) and to upgrade the pay scale of the post of Area Rationing Officer to Rs.7450-11500 (revised pay scale of Rs.9300-34800 and Grade Pay of Rs.4,600/-). The Finance Department in this backdrop issued an order dated 24.12.2009 to all departments for determination of the pay structure and