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29. The applicants, who had been thereby non-suited by the Tribunal, filed a judicial review challenge before the High Court. Their specific stand in the Writ Petition was that if the increased vacancies were available in 2004 as a result of cadre review in 2003, they could have been promoted to IAS.
30 The Uttar Pradesh Government, in a change of stance before the High Court, took the stand (by means of a better affidavit) that they have no objection to any direction for exercise of cadre review to be undertaken with reference to the vacancy position as on 1.1.2004.
41. The Tribunal upheld the contention of the State of Uttar Pradesh and held that the cadre review carried out in 2005 cannot be given retrospective effect.
42. The applicants therein filed a judicial review challenge by filing a Writ Petition before the High Court. The plea raised therein was that the cadre review of the Indian Administrative Service of Uttar Pradesh Cadre was due in 2003 and was delayed by the State of Uttar Pradesh as a result of which some of the SCS Officers were deprived of their promotion to the Indian Administrative Service. Their specific stand in the Writ petition was that if the increased vacancies were available in 2004 as a result of the cadre review in 2003, they could have been promoted to IAS.