G C GUPTA Vs. N K PANDEY

JUDGEMENT

(1.) I have had the benefit of going through the judgment prepared by my learned brother Ray, J. (reported in AIR 1988 SC 268) and I agree with the order proposed to be made. In view of the importance of the questions involved, I would however like to add a few words.

(2.) I have no doubt in my mind that temporary Assistant Engineers were entitled to the benefit of their seniority reckoned according to the date of the order of appointment to the Service in terms of R. 23 of the United Provinces Service of Engineers (Buildings and Roads Branch) Rules, 1986, w.e.f. the date of their absorption into the Service by the Government in consultation with the Public Service Commissioni.e. from the date from which they became 'Members of the Service' within the meaning of R. 3(b) of the Rules. I had expressed the same view in Ashok Gulati v. B. S. Jain, (1986) Supl SCC 597 : (AIR 1987 SC 424) and I still adhere to it.

(3.) As a matter of policy, the then Provincial Government by a notification dated August 31, 1942 directed under R. 6 of the Rules that from the year 1942-43, two vacancies in the United Provinces Service of Engineers, both in the Buildings and Roads as well as in the Irrigation Departments, shall be reserved for two students of Thomson College of Civil Engineering, Roorkee who stood first and second in order of merit in the final examination of the Degree Course of Engineering i.e. to the guaranteed posts. The reserved quota of guaranteed posts was later increased by the Government from two to four posts each year in each of the two Branches. The system of direct recruitment of such engineer students to the two guaranteed posts was however discontinued by its notification dated June 22, 1950, w. e. f. the year 1953 i.e. the system of direct recruitment of merit scholars to the guaranteed posts was abolished in respect of the batch of students who joined the Thomson College of Civil Engineering, Roorkee / University of Roorkee from the month of October 1950, i.e. after the inauguration of the Constitution.