LAWS(UTN)-2007-3-50

J S DOBAL Vs. UTTARANCHAL PUBLIC SERVICE TRIBUNAL

Decided On March 29, 2007
J S Dobal Appellant
V/S
Uttaranchal Public Service Tribunal Respondents

JUDGEMENT

(1.) BY means of this writ petition filed under Article 226 of the Constitution of India, the petitioner has sought the following reliefs:

(2.) THE petitioner was initially appointed as Lecturer (Chemistry) on 01 -06 -1978 which was treated as Class -II Gazetted post in the pay scale of Rs. 550 -12001 - in the Government Polytechnic. The respondent no.5 -Sri A.S. Bisht was appointed as Senior Lecturer 1 Head of the Department (H.O.D.) in Nainital Polytechnic, which was a private Government Aided Institution managed under the Societies Registration Act, 1960. The respondent no. 5 was appointed in the pay scale of Rs. 1000 -1900/ - w.e.f. 01 -07 -1980. In the year 1987, the Government decided to take over Nainital Polytechnic according to the scheme of merger envisaged by the Government Order. It was contemplated in the Government Order that the employees of the Nainital Polytechnic, Nainital would be adjusted in the Government Service against the posts in various cadres created for the purpose and their pay shall also be protected. The seniority of the employees of the Nainital Polytechnic, Nainital as against the existing employees of the Technical Education Department was to be determined according to the Government Order to be subsequently issued by the Government. In pursuance of this Government Order, Nainital Polytechnic was taken over by the Government and employees of the Nainital Polytechnic became Government Servants under the relevant service rules.

(3.) IN the year 1990, Government framed rules for regulating the service of officers working in the Technical Education Department and the same is known as U.P. Technical Education Gazetted Officers Service Rules, 1990 which were subsequently amended in the year 1998. These rules undisputedly govern the services of the petitioner and the respondent no.5. In the year 1991, the cadre -wise seniority list of the Technical Education Department was issued in relation to the regularly appointed employees. In that list, the name of respondent no.5 was shown in the cadre of H.OD. Commercial Practice in the pay scale of Rs. 3000 -4500/ -. He had been shown as regularly appointed from 12 -03 -1987. The name of the petitioner had been shown in the list of Lecturers (non -engineering) in the pay scale of Rs. 2200 -4000/. Subsequently, on 13 -05 -1998 a seniority list was issued in which the respondent no.5 had been shown to be Class -I Officer in the Technical Education Department, Hill Cadre holding the post of H.O.D., Commercial Practice in Government Polytechnic, Nainital. Similarly, a list of Class II Officers of the Technical Education Department was issued vide G.O. No. 2111/16 Pra.Shi.2 -12(E)/93 dated 15 -07 -1997 in which the petitioner was placed at serial no.10 holding the post of Lecturer (Chemistry) in the Government Polytechnic, Kashipur.