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2011 Supreme(All) 8

SUDHIR AGARWAL
PANKAJ KUMAR – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
R.P.S. Chauhan, Durga Singh and Sandeep Srivastava for the Petitioner; D.S. Srivastava and Kshetresh Chandra Shukla, C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—The petitioner, Pankaj Kumar, working as a Food Inspector, has come to this Court under Article 226 of the Constitution of India aggrieved by the seniority list dated 17.6.2008 (Annexure-1 to the writ petition) issued by the State Government determining inter se seniority of Chief Food Inspectors/Food Inspectors in accordance with U.P. Government Servant Seniority Rules, 1991 (hereinafter referred to as the “Seniority Rules, 1991”) read with U.P. Food Inspector (Medical Health and Family Welfare Department) Service Rules, 1992 (hereinafter referred to as the “Food Inspectors Service Rules, 1992”) wherein the petitioner has been shown at Serial No. 216. He has also challenged the promotion letter dated 19.4.2010 (Annexure-19 to the writ petition) whereby promotions from the post of Food Inspectors to the post of Chief Food Inspector have been made. A perusal of the aforesaid order shows that 51 persons have been promoted to the posts of Chief Food Inspector in the scale of Rs. 9300-34800.

2. The facts, in brief, giving rise to the present dispute are as under.

3. The necessity of appointing Food Inspectors said to have arisen by virtue of Section 9
















































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