P D AGGARWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These appeals by special leave are against the common judgment and order dated 14-1-1982 quashing the seniority list in the cadre of Assistant Engineers in the United Provinces (Buildings and Roads Branch) Class II prepared on 29-7-1980 and 18-12-1980 with 19-12-1980. A writ of mandamus was also issued to the State Government for preparation of fresh seniority list in respect of Assistant Engineers in the Civil Engineering Wing and Electrical and Mechanical Wing respectively in accordance with the guidelines mentioned in the said judgment. The facts giving rise to these writ petitions are in brief as follows :-

(2.) It has been specifically provided in R. 6 that the Government will decide in each case the source from which a vacancy shall be filled up provided that 25% of the vacancies shall be reserved for selected qualified members of the subordinate Engineering Service and computers. It thus provides that barring 25% of the vacancies to be filled by promotion from Engineering subordinate services and computers, the remaining 75% of the vacancies are to be filled up by direct recruitment as provided in sub-cls. (ii) and (iii) of R. 5.

(3.) Rule 17 which is termed as 'Probation' specifically provides that all persons appointed to the service, who are not already in the permanent employ of the Buildings and Roads Branch of the United Provinces Government, shall be placed on probation for four years, provided that such of them as have undergone training as engineer students, or have served as temporary engineers in the Buildings and Road Branch of the United Provinces Government may be permitted to count the period of such training and service, respectively towards this period of probation.