The court ruled that petitioners are entitled to notional seniority as per their prior ranking, with no legal impediment to granting such seniority, despite the government's denial based on a prior order.

JUDGMENT :

Neeraj Tiwari, J.

1. Heard Sri H.N. Singh, learned Senior Advocate assisted by Sri Saroj Kumar Yadav, learned counsel for the petitioners and learned Additional Chief Standing Counsel for the State-respondents.

2. Present petition has been filed with the following prayers:-

"(i) Issue a suitable writ, order or direction in the nature of certiorari quashing the impugned order dated 21.11.2023 passed by the Principal Secretary, Transport Department, U.P. Government, Lucknow.

(ii) Issue a suitable writ, order or direction in the nature of mandamus commanding the respondents to promote the petitioners to the posts of Regional Transport Officer treating their names placed at serial Nos. 196 and 197 of the seniority list of Assistant Regional Transport Officer with effect from the date the other Assistant Regional Transport Officer below in the seniority after 196 & 197 have been promoted.

(iii) Issue a suitable writ, order or direction in the nature of mandamus commanding the respondents to place the petitioners at serial Nos. 196 & 197 of the seniority list of Assistant Regional Transport Officer and to provide all consequential benefit of the same."

3. Brief facts of the case are that U.P. Public Service Commission has issued advertisement for the appointment on the post of Regional Inspector (Technical)/ Technical Inspector. Pursuant to the advertisement, petitioners have been recommended for selection on the said post alongwith 12 other candidates including 5 Scheduled Caste category candidates, namely, Satish Kumar, Anand Nirmal, Ashok Kumar, Munshi Lal and Rajesh Kardam. After submission of joining on the post of Regional Inspector (Technical)/ Technical Inspector, petitioner no.1 was placed in the seniority list at serial no. 61 and petitioner no. 2 was at serial no. 62 whereas Scheduled Caste category candidates namely, Satish Kumar, Anand Nirmal, Ashok Kumar, Munshi Lal and Rajesh Kardam were placed at serial nos. 65, 67, 71, 72, 73.

4. The service condition of petitioners are governed by the provision of Uttar Pradesh Transport (Subordinate) Technical Service Rules, 1980 (hereinafter referred to as Rules, 1980). The seniority of petitioners are governed by the provision of UTTAR PRADESH GOVERNMENT SERVANTS SENIORITY RULES , 1991 (hereinafter referred to as Rules, 1991). Reserved category candidates are also entitled for benefit of promotion in terms of Uttar Pradesh Public Services (Reservation of Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (hereinafter referred to as Act 1994).

5. The State of Uttar Pradesh in terms of Act, 1994, amended the Rules, 1991 by Uttar Pradesh Government Servants Seniority (First Amendment) Rules, 2002 (inserting Rule 8A), which provides consequential seniority to Scheduled Caste or Scheduled Tribes category candidates after promotion. Providing the benefit of reservation in promotion, junior to petitioners, namely, Satish Kumar, Anand Nirmal, Ashok Kumar, Munshi Lal and Rajesh Kardam were given promotion on the post of ARTO alongwith seniority vide order dated 31.12.2008 for selection year 2007-08 & 2008-09 and they have been placed in the seniority list at Serial Nos. 196 to 200. Later on, petitioner nos. 1 & 2 were also promoted on the post of Assistant Regional Transport Officer (in short ARTO) vide orders dated 21.11.2012 & 8.4.2013 and they have been placed in the seniority list at Serial Nos. 227 & 229.

6. Section 3(7) of Act, 1994 and Rule 8A of Rules, 1991 were challenged before this High Cou