KAILASH PRAKASH JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner before this Court is a Superintending Engineer in Uttarakhand Public Works Department. He has challenged the order dated 17.09.2014, passed by the Government of Uttarakhand/respondent no.1, appointing respondent no.2 as Chief Engineer Level-II, which was later on modified on the same day (i.e. on 17.09.2014) whereby respondent no.2 was made "Incharge" Chief Engineer Level II, National Highways, Public Works Department, Uttarakhand, Dehradun. Both these orders are under challenge.

(2.) The principal contention of the petitioner before this Court is that respondent no.2 is not "in the cadre of service" of Public Works Department, Uttarakhand. Infact he is a Superintending Engineer in Public Works Department of Uttar Pradesh, hence under the Rules governing the service conditions of Engineers in Public Works Department in Uttarakhand, namely, the Uttar Pradesh Service of Engineer (Public Works Department) (Higher) Rules, 1990, (as is applicable in the State of Uttarakhand), the respondent no.2 could never have been appointed as Chief Engineer. It is an admitted fact that respondent no.2 is a substantively appointed Superintending Engineer not in the service of Uttarakhand but in the service of neighbouring State of Uttar Pradesh. The Hon'ble Chief Minister of Uttarakhand made a request in writing vide his letter dated 08.02.2014, to his counterpart in Uttar Pradesh requesting him to send respondent no.2 on deputation to Uttarakhand as his services are needed in Uttarakhand. Consequently, respondent no.2 was relieved from Uttar Pradesh on 25th August, 2014 and he gave his joining in Uttarakhand on 5th September, 2014 as Superintending Engineer. It was formerly acknowledged and accepted by the State of Uttarakhand vide its letter of Principal Secretary, Public Works Department dated 17.09.2014.

(3.) At this juncture, we must note that the order of appointment of respondent no.2 as Superintending Engineer on "deputation" in Uttarakhand is not under challenge by the petitioner before this Court. But of this later.