PUSPA ARYA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This writ petition has been moved under Article 226 of Constitution of India seeking mandamus directing the respondent to fix seniority of the petitioner from the date of her initial appointment; and also for writ in the nature of certiorari quashing the order dated 11.04.2002 passed by the District Development Officer, Almora.

(2.) Brief facts of the case as stated in the writ petition are that the petitioner is permanent resident of District Almora and after going through the selection process, she was appointed as Junior Clerk on 02.01.1976 in the District Almora. After her marriage, since petitioner's husband was posted as Government Cooperative Supervisor in District Pithoragarh, she got herself transferred in said District. Consequently she joined her duties in District Pithorgarh in 1981. Meanwhile, U.P. Agricultural Production and Rural Development Rules, 1980 were framed which came into force with effect from 20.8.1982. On 31.8.1986, the Commissioner, Rural Development issued a circular letter No. 4101 dated 21.10.1986 whereby new staffing pattern brought into force and District cadres were created for the clerks for the first time. It is alleged that the respondents wrongly interpreted the circular letter and down graded seniority at SI. No. 44 of the petitioner from the date of joining at Pithoragarh i.e. 03.08.1981. The fixation of seniority was wrong as her substantive appointment was not taken into the account. On adoption at new staffing pattern, the respondents permitted the other staff to come back to Almora but no such option was given to the petitioner. Ultimately the petitioner sought her transfer back to Almora through the representation. Consequently, in 1994 she joined her duties at Almora on 25.01.1994, but to her utter surprise now in the seniority list prepared at Almora on 19.8.1997, the petitioner was further down graded in the seniority list treating her joining in the District on 25.1.1994. The fixation of seniority as such is highly arbitrary and illegal. The petitioner's appeal/representation against seniority list dated 19.8.1997 was rejected vide impugned order dated 11.4.2002 (copy annexure 15) hence the writ petition.

(3.) The respondent No. 1-5, filed their counter affidavit in which it is admitted that the petitioner was appointed as Lower Divisional Clerk by District Planning Officer, Almora in 19.1.1976. It is further admitted that vide orderdated 24.7.1981, the Deputy Development Commissioner, Kumaon Mandal transferred the petitioner from District Almora to District Pithoragarh. it is also admitted that the petitioner was promoted as Senior Divisional Clerk on 26.3.1984. In the counter affidavit, it is also admitted that the District Cadres were created after initial appointment of petitioner. The respondent have not disputed this fact that she was transferred back to Almora vide order dated 8.6.1993 of the Deputy Development Commissioner, Kumaon and joined her duties on 25.1.1994 at Almora. The plea raised in the counter affidavit, justifying for the fixation of seniority, is that petitioner got herself transferred on her request and she could not get benefit of services of one district in the another district.