ISHWAR CHAND Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court seeking following reliefs:-

(2.) Very briefly put, the case of the petitioner is as follows : In 2001, an advertisement was issued by the Uttarakhand Public Service Commission inviting applications to the posts of Junior Engineer in various departments including the Panchayat Raj Department. Petitioner was declared successful. By order dated 28.09.2004, petitioner was appointed to the post of Junior Engineer in Zila Panchayat, Pauri Garhwal. His service was confirmed on 08.12.2006 alongwith other directly recruited Junior Engineers. The 4th respondent was appointed as Junior Engineer on 08.02.1991 under the provisions of Rule 33A of the Uttar Pradesh Zila Parishads (Central Transferable Cadre) (Second Amendment) Rules, 1978 (hereinafter referred to as the 1978 Rules) on temporary and ad hoc basis only for one year. Rule 4(1) of the Uttar Pradesh Zila Parishad Regularization of Ad hoc Appointments (on posts within the purview of the Public Service Commission) Rules, 1979 (hereinafter referred to as the 1979 Rules) provides as follows:

(3.) In 1992, there was an amendment, whereby Rule 10 was added in the 1979 Rules and the cut off date for regularization was extended from 01.01.1977 to 01.10.1986. There was further amendment in the year 2011, whereby Rule 11 was added and the cut off date for regularization was extended from 01.10.1986 to 30.06.1998. Under the provisions of Regularization Rules 2011, the services of respondent No.4, among others, were regularized by order dated 07.12.2011. As per the 1979 Rules, as the petitioner was appointed in a regular way and the 4th respondent was regularized only on 07.12.2011, 4th respondent is junior to the petitioner. Respondent No.4 alongwith others filed a Writ Petition No. 716 (S/S) of 2012 before this Court challenging the date of regularization and sought regularization from the date of their ad hoc appointment. Not only the writ petition was dismissed but the special appeal and the S.L.P. filed before the Hon'ble Supreme Court was decided against them. The 4th respondent was promoted to the post of Engineer on ad hoc basis on 13.06.2012 without considering the case of the petitioner. Petitioner, thereupon, filed a representation on 23.06.2012 for cancellation of ad hoc promotion of the 4th respondent. On 07.06.2013, ad hoc promotion of respondent No.4 was extended for a period of one year. Petitioner made representation on 10.06.2014 pointing out that since one year period has already been expired on 07.06.2014 and the post of Engineer is vacant, he may be promoted. In their final seniority list issued by the State in March 2015, respondent No.4 was shown at serial No. 20, whereas the petitioner is placed at serial No. 11. Respondent No.4 filed Writ Petition No. 176 of 2014 (S/B), wherein he prayed that he may be permitted to hold the post of ad hoc Engineer till the regular arrangement is made by the Government and obtained interim order on 06.06.2014. The said writ petition was dismissed as withdrawn with liberty to file fresh writ petition. According to the petitioner, as per the provision of Rule 33(1)(ka) of the Uttar Pradesh Zila Parishads (Central Transferable Cadre) Rules, 1966, a senior most employee, who is eligible to be promoted against the vacant post of such Zila Parishad in accordance to the entry of schedule, shall be directed to discharge the work. The Chairman, Zila Panchayat, Pauri, by order dated 01.07.2015 reverted back the 4th respondent to the post of Junior Engineer and the petitioner was given charge as officiating Engineer, where he joined on 01.07.2015. Respondent No.4 filed Writ Petition No. 1075 of 2015 (S/S) to quash the orders dated 13.06.2012 and 07.06.2013 to the extent that the period of ad hoc promotion is limited for a period of one year and to permit the petitioner (4th respondent herein) to hold the charge of the post of Engineer at Zila Panchayat, Pauri till the regular arrangement is made. Petitioner was not impleaded as party in the said writ petition. The learned Single Judge refused to stay the order and directed the 4th respondent to implead the petitioner as respondent. The learned Single Judge further directed that the petitioner (respondent No.4 herein) will be reverted back to the post of Junior Engineer with immediate effect. Respondent No.4 filed Special Appeal No. 288 of 2015. This Court allowed the special appeal partly and vacated the direction that the 4th respondent be reverted back holding that the same was uncalled for after having been refused interim relief but clarified that the same did not amount to granting of any interim relief to the 4th respondent and also confirmed the order refusing the interim relief. It is, thereafter, by the impugned order dated 12.08.2015 (Annexure-21), the 1st respondent has promoted the 4th respondent to the post of Engineer on temporary basis or till further orders of the Government. It is stated that the order of this Court is violated and also the provisions of Uttar Pradesh Kshetra Panchayat and Zila Panchayat Act, 1961, besides relevant rules and also the seniority rules were ignored.