ANIL CHANDRA Vs. RADHA KRISHNA GAUR

JUDGEMENT

(1.) Leave granted.

(2.) These two appeals are directed against an interim order dated 4th of December, 2007 passed in Writ Petition No. 1496(S/B) of 2007 by a Division Bench of the High Court of Allahabad, Lucknow Bench, Lucknow whereby the High Court directed the aforesaid writ petition to be tagged with Writ Petition No. 1389 (SB) of 2007 pending in the High Court, following the interim order passed in the aforesaid Writ Petition No. 1389 (SB) of 2007 directing that the seniority of the respondents as existing prior to the enforcement of the U.P. Government Servants Seniority (3rd Amendment) Rules, 2007 shall not be disturbed in pursuance of the Rules by way of the aforesaid impugned order.

(3.) The relevant facts leading to the filing of these appeals may be summarized as under :- In the year 1973, the Government Orders providing reservation in the matter of promotion for the Scheduled Castes and Scheduled Tribes were issued. Subsequently, the U.P. Jal Nigam adopted the U.P. Government Servants Seniority Rules 1991. The aforesaid rules were notified by the State Government vide Notification dated 20th of March, 1991 which consisted of provisions of the aforesaid Rules of 1991. The respondent No. 2, namely, U.P. Jal Nigam is a Statutory Corporation created under the U.P. Water Suppl ly and Sewerage Act, 1975 and the service conditions of the employees of the Nigam are governed by the U.P. Jal Nigam (Public Health Branch) Service Regulations, 1978. The aforesaid regulations were made in exercise of power conferred on the U.P. Jal Nigam under Sections 97(2) and 98(1) of the U.P. Water Suppl ly and Sewerage Act, 1975 with the prior approval of the State Government.