VINOD KUMAR SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Question involved in these matters is - whether the appellants who were substantively appointed in different branches of the U.P. Services of Engineers by Combined Competitive Test conducted by the Public Service Commission, U.P. are entitled to the benefit of their services in the said branches though subsequently they appeared in another competitive examination conducted by Public Service Commission, UP and were appointed in the Irrigation Department against permanent post by way of transfer And also whether they are entitled to tagging of the aforesaid service in view of the Government orders

(3.) By a common judgment and Order dated 24-4-2000, the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow dismissed the Writ Petition Nos. 1219 (SB) and 1220 (SB) of 1998 filed by the appellants herein by holding that (1) the ratio of decision in Vijaya Kumar Shrotriya vs. State of U.P., (1998) 3 SCC 397, is not applicable to the facts of the present case for the reason that it is not the case of the appellants that they were selected by the Public Service Commission in a combined test. There is nothing on record to indicate that their examination or interviews were held for the combined services of U.P. for the post of Assistant Engineers either in LSGED, PWD or in the Irrigation Department by the U.P. Public Service Commission and they were initially appointed in the Irrigation Department; (2) the appellants never opted to be appointed in the Irrigation Department and they never insisted to be relieved from service in which they were initially appointed. There is nothing on record to show that in spite of their insistence or option, the department ever refused to relieve the appellants from the department in which they were initially appointed; (3) observations of this Court in Shrotriya's case (Supra) were in respect of peculiar facts and circumstances of the case that the appellant was selected in the combined services of U.P. for the post of Assistant Engineer in the PWD and Irrigation Department by the U.P. Public Services Commission and he was allotted to P.W.D. His appointment was approved by the P.W.D. Chief Engineer, P.W.D. issued letter of his appointment, but he was not relieved by the Irrigation Department in spite of his consent to join the P.W.D.; and (4) in the present case, the services of the appellants were transferred to Irrigation Department after their selection by the Public Service Commission held in 1971. In pursuance of their selection, appointment order was issued in 1974. The order does not show any benefit for the purposes of seniority. But the only benefit given was for the purposes of fixation of the last pay drawn in the salary.