DHARMENDRA PRASAD Vs. SUNIL KUMAR

JUDGEMENT

(1.) The order dated 11th July, 2018 passed by the Division Bench of the High Court of Uttarakhand at Nainital is the subject matter of challenge in the present appeals.

(2.) The High Court vide impugned order has directed the Uttarakhand Pey Jal Nigam for short, 'Nigam', a creation of the Statute i.e. the Uttar Pradesh Water Works and Sewer Arrangement Act, 1975, to determine the seniority of the Junior Engineers strictly as per Regulation 23 of the Uttar Pradesh Jal Nigam Subordinate Engineering Service Regulations, 1978. Regulation 23 contemplates that the seniority of a person appointed in any branch of service in any category of post shall be made as per the date of substantive appointment.

(3.) An advertisement was issued by the Nigam on 29 th November, 2004 for filling up of vacancies of 241 posts of Junior Engineer (Civil). This included 104 posts under General category, 52 posts under Other Backward Classes for short, 'OBC', 70 posts under Scheduled Castes for short, 'SC' and 15 posts under Scheduled Tribes for short, 'ST'. Another 38 posts were advertised for Junior Engineer (Mechanical). The advertisement contemplated that the reserved posts shall be filled up as per the reservation policy of the Government of Uttaranchal. Further the horizontal reservation in each category for females, ex-servicemen, handicapped people and dependents of freedom fighters will be made as per the order of the Government of Uttaranchal dated 18 th July, 2001.