TRILOK CHANDRA TIWARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These two writ petitions assail the same judgment dtd. 29/3/2019, passed by the Uttarakhand Public Services Tribunal at Dehradun, in Claim Petition No. 13/DB/2013, preferred by the private respondent nos.5 to 8 in Writ Petition (S/B) No.191 of 2019 (hereinafter referred to as the private respondents). The petitioners in Writ Petition (S/B) No.191 of 2019 were the respondents in the Claim Petition, whose seniority above the private respondents has been disturbed, and the effect the impugned judgment is that the private respondents would be ranked senior to the petitioners. The State of Uttarakhand has also assailed the impugned judgment in Writ Petition (S/B) No.316 of 2020. The Tribunal allowed the said claim petition preferred by the private respondents; set-aside the seniority list dtd. 29/4/2009; and, the Tribunal also directed the State of Uttarakhand, and its authorities to re-draw the seniority list afresh on the basis of the date of substantive appointment of the persons in the parent department for determining the inter se seniority of the persons who joined the Secretariat services under the

(2.) The Absorption Rules, 2002 were framed on 22/6/2002. The petitioners and the private respondents- at their option, were attached to the Secretariat on 25/6/2002 with the issuance of an office memorandum. On 20/7/2002, the Government of Uttarakhand issued an office memorandum, whereby it stated that with immediate effect, the sixty-four stenographers posted in Uttaranchal Secretariat, on the basis of transfer, are substantively appointed on the posts of Personal Assistant under the terms and conditions specified in the Uttaranchal Personal Assistant, Lower Division Assistant/Assistant Accountant/ Typist/ Peon Absorption Rules, 2002, on probation for a period of one year. Paragraph No.3 of the said office memorandum stated that the serial numbers mentioned in the above appointment order do not have any relation with the seniority of the persons. The order relating to seniority under the provisions of the Absorption Rules, 2002 will be issued separately.

(3.) On 13/8/2002, the Uttarakhand Government Servants Seniority Rules, 2002 (hereinafter referred to as the "Seniority Rules, 2002") were framed and enforced. It appears that on 26/3/2004, the Government of Uttarakhand issued a tentative seniority list of the absorbed employees into the Secretariat, in the cadre of Additional Private Secretary. After considering the objections, on 8/12/2004, the final seniority list was issued by the Government of Uttarakhand in the cadre of Additional Private Secretary. In the said seniority list, the petitioners were placed at Sl. Nos.1, 2, 3, 4, 5, 8 and 11, whereas the private respondents were placed at Sl. Nos.26 and below. As noticed above, the date of absorption of the petitioners as well as the private respondents was the same, i.e. 25/6/2002. This seniority list indicated- in column No.9, the pay-scale drawn by, inter alia, the petitioners, and the private respondents in their parent departments. It would be seen that the petitioners were all drawing their pay in the pay-scale of Rs.5500.00 9000, or Rs.5000.00 8000, whereas, the private respondents were drawing their pay in the pay-scale of Rs.4000.00 6000.