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(5) Thereafter, the State government issued a Government Order dated 3.5.2011, by which the Post of the Passenger / Goods Tax Superintendents was abolished and the persons working on those posts were merged with the post of Passenger Tax Goods Officers. The government order dated 3.5.2011 was challenged by the ministerial employees, who were also eligible to be considered for promotion on the post of Passenger Tax, Goods-Tax Officers alongwith Passenger Tax / Goods Tax Superintendents, by filing a Writ Petition No.2811 (S/S) of 2011 (Ministerial Service Association Transport Lucknow vs. State of U.P.) and in this case, an interim order dated 27.05.2011 was passed by this Court directing for maintaining the status quo till the next date of listing.

(24) On the other hand, learned State Counsel has submitted that the Post of Passenger Tax/ Goods Tax Superintendents has been abolished and the persons who were working on the said post were merged with the post of Passenger Tax, Goods - Tax Officer vide Government Order dated 3.5.2011 which was never set aside by this court. After the promulgation of first amendment in Rule 2018, wherein in the note it has been provided that the Goods/ Passenger Tax Superintendents have been merged with the post of Passenger Tax, Goods-Tax Officer by abolishing the posts of Passenger Tax / Goods Tax Superintendents gives the Government Order dated 3.5.2011 retrospective effect and hence, the private respondent and the similarly situated persons have rightly been place in the seniority list.

(28) It is further submitted that the safest criteria for determination of seniority is date of substantive appointment and in the present case, the private respondents were merged on the post of Passenger Tax, Goods - Tax Officer on 3.5.2011 on abolition of post of Passenger Tax / Goods Tax Superintendents, while the petitioners were subsequently appointed on the supernumerary post of Passenger Tax, Goods-Tax Officer. The seniority list dated 17.11.2017 comprised of only petitioner i.e. direct recruitees and did not include the merged Passenger Tax, Goods Tax Superintendents in compliance of the Courts order and judgment dated 13.04.2017 pursuant to the contempt proceedings drawn by the petitioner and also that as the rules were not amended till then.

(ii) By promotion through the Commission from amongst -

(a) the permanent Tax Superintendent / Passenger Tax / Goods Tax Superintendents who have put in at least five years of continuous service as such;

(b) the permanent Assistant Public Prosecutors who have put in at least five years of continuous service as such; and

(c) the permanent Head Assistants, Head Clerks of the Transport Commissioner's Office, who have put in at least five years of continuous service as such:

(36) During the pendency of the completion of the selection, the State Government issued a Government Order dated 3.5.2011 and took a decision that 93 vacant posts of Goods/ Passenger Tax Superintendents shall be abolished and merged with 133 posts of Passenger Tax, Goods-Tax Officers. It is also provided in the G.O. dated 3.5.2011 that the relevant service rules shall be amended accordingly.