Neutral Citation No. - 2025:AHC-LKO:28446 Court No. - 28 Case :- WRIT - A No. - 356 of 2006 Petitioner :- Ashhar Hussain Jafri And 3 Others Respondent :- State Of U.P.Through Prn.Secy.Food And Civil Supplies And 3 Ors Counsel for Petitioner :- Sanjay Kumar Counsel for Respondent :- C.S.C. Hon'ble Brij Raj Singh,J. 1. Heard Shri Sanjay Kumar, learned counsel for the petitioners and learned Standing Counsel for the State. 2. By this writ petition, the petitioners have prayed for the following relief:- "(i). issue a writ, order or direction in the nature of mandamus commanding the opposite parties to give promotion to the petitioners on the post of Senior Auditors in the pay scale of Rs. 1400-2600 (revised pay scale of Rs.5000-8000) with effect from the date the petitioners have become eligible for the post of Senior Auditors i.e. 1st January, 1996 ignoring the condition to appear in the departmental examination imposed by the opposite parties vide Government Order dated 21.10.1994 with all consequential benefits etc along with interest thereon at the prevailing market rate till the date of actual payment etc., forthwith." 3. The petitioners were appointed on the post of Auditors on 03.12.1993 in the departmet of Food and Civil Supplies after due selection made by U.P. Subordinate Service Selection Board and since then they are working in the said Department. Thereafter, a Government Order was issued on 21.10.1994 implementing the promotional policy between Auditor and Senior Auditors, wherein it was provided that for the post of Senior Auditor, the candidate has to undergo departmental examination. The said Government Order was challenged before this Court in Writ Petition No.3984 (S/S) of 1998 (N.C. Hajela vs. State of U.P. and others) and the writ petition was allowed vide judgment and order dated 24.11.2001. The operative portion of the judgment is quoted below :- "In view of the aforesaid discussion, this writ petition succeeds and is allowed. The impugned condition to appear in the departmental examination for promotion on the post of Senior Auditor from the post of Auditor, as shown in the Government Orders and rules dated 21.10.1994 and 10.07.1998 passed by opposite parties 3 and 1 rejecting the petitioner's representation are quashed. Respondents are directed to pass appropriate orders in respect to the promotion of the petitioner on the post of Senior Auditor ignoring the aforesaid Government Order and fix his seniority at the place where the petitioner could have been entitled otherwise, within a period of six weeks from the date of production of a certified copy of this order. In view of this, this writ petition succeeds and is allowed in the terms of the aforesaid directions." 4. This Court while entertaining this writ petition passed an interim order on 17.01.2006 and the benefit of the aforesaid judgment passed in Writ Petition No.3984 (S/S) of 1998 (supra) was extended to the petitioners in pursuance of the interim order. The Department issued order for promotion on 17.03.2008 from the post of Auditor to Senior Auditor, however, with a condition that the said promotion would be subject to the order passed by this Court. 5. It has been submitted by learned counsel for the petitioners that once the judgment passed by this Court in 'N.C. Hajela's case' has become final and the benefit has been extended to the petitioners, therefore, at this juncture, the opposite parties cannot curtail the rights of the petitioners in any manner. He further submitted that the case of the petitioners is squarely covered with the judgment passed in 'N.C. Hajela's case, and the petitioners have been promoted on the post of Senior Auditor and are getting all consequential benefits including further promotion. 6. On the other hand, learned Standing Counsel representing the State could not dispute the fact that the judgment passed in 'N.C. Hajela's case has become final. He also could not dispute the fact that the case of the petitioners is squarely covered with the aforesaid judgment. He has only submitted that as per the Government Order, the petitioners have to undergo departmental examination thereafter they could get promotion. 7. Considering the aforesaid aspects of the matter, it is clear that judgment passed in Writ Petition No.3984 (S/S) of 1998 (supra) has become final and the case of the petitioners is squarely covered with the aforesaid judgment, the petitioners have already been given promotion on 17.03.2008 with effect from 01.01.1996 and are further getting all consequential benefits including promotion etc., the writ petition is liable to be allowed in the aforesaid terms. 8. Accordingly, a writ in the nature of mandamus is issued to the effect that the petitioners promotion which has already been provided shall not be disturbed and the benefit of the judgement passed in Writ Petition No.3984 (S/S) of 1998 (supra) is also extended to the petitioners forthwith. 9. In view of the aforesaid discussion, the writ petition is allowed. Order Date :- 15.5.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench