Court No. - 52 Case :- WRIT - A No. - 55170 of 2015 Petitioner :- Anil Kumar Pandey Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Anil Kumar Tiwari,Anil Tiwari,Santosh Tiwari Counsel for Respondent :- C.S.C.,Deo Dayal WITH Court No. - 52 Case :- WRIT - A No. - 39317 of 2014 Petitioner :- Anil Kumar Pandey And Another Respondent :- State Of U.P. Thru Secy. And 9 Others Counsel for Petitioner :- Anil Tiwari,Santosh Kr. Tiwari Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Case is called out. None appears for the petitioners. Learned counsel for respondent nos.3 & 4 and learned Standing Counsel for the State are present. 2. Record shows that the cases are listed in the category of oldest pending cases in this High Court, for priority hearing. 3. The aforesaid writ petitions i.e. 55170 of 2015 and 39317 of 2014 are pending since 2015 and 2014 respectively. It appears that either the petitioners have lost interest in pursuing the matter or it has become infructuous. 4. A notice has been placed on the notice board specifically, mentioning that "old cases up to the year 2022 shall be taken up in the first round itself. In case of non-appearance, matter shall be dismissed as infructuous or otherwise, and in the cases, where the cause of action still survives, the concerned advocates are expected to mark them accordingly in the cause list. Failure to do so, may result in its dismissal as infructuous" but, neither the counsel for the petitioner has appeared nor has the case been marked to indicate that the cause of action still survives. 1 5. The aforesaid writ petitions have been filed with the following prayers:- “(i) The writ petition no. 55170 of 2015 has been filed with the prayer to quash the impugned order dated 10.09.2015 passed by District Basic Education Officer, District - Chandauli, in so far as the same pertains to the respondent nos.5 to 10, and a further prayer to direct the respondents to initiate exercise against consequential vacancies strictly in accordance with U.P. Basic Education (Teachers) Service Rules, 1981. (ii) The writ petition no.39317 of 2014 has been filed for quashing the order dated 11.06.2014 issued by Secretary, Basic Education, Uttar Pradesh Government, Lucknow, and a further prayer to quash the subsequent process pursuant to the impugned order dated 11.06.2014 and consider the claim of promotion of the petitioner in accordance with U.P. Basic Education (Teachers) Service Rules, 1981, and further prayer to direct the respondents to prepare the eligibility list strictly in accordance with law with Rules 1981 removing the untrained teachers from the seniority list and to conclude all consequential steps strictly in accordance with the Rules of 1981.” 6. Mr. Vansh Gopal Mishra, Advocate, holding brief of Mr. Akhilesh Sharma, learned counsel for respondent nos.3 and 4, submits that the seniority list of schools situated in urban area has been fixed by following Government order dated 22.12.2010. As per the aforesaid Government order, the basis of seniority for the Assistant Teacher transferred from rural area to urban area is the date of joining in urban area. The petitioners joined the post on 02.07.2011 while respondent no.10 joined the post on 01.07.2011, accordingly being senior to the petitioner. He further submits that objections were invited on the provisional list, which was published in two daily newspapers but the petitioner did not file any objection, thereby accepting the provisional 2 seniority list, therefore, cannot turn around and challenge the same at this stage. 7. The aforesaid fact has not been denied by the petitioner in the rejoinder affidavit so filed. 8. In view of the aforesaid discussion, no interference is called for. Accordingly, the aforesaid writ petitions are dismissed. Order Date :- 14.8.2025 Rahul. 3 Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad