J K SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Mr. J.K. Sharma, and others as well as Vinod Kumar, who have filed the writ petitions bearing No. 1219 (SB) 98 and 1220 (SB) 98 both have knocked the door of this Court praying that the seniority list dated 29.4.97 and 22.7.97 contained in Annexures 1 and 2 to the writ petition and the impugned order dated 5.9.98 be quashed. Sri J.K. Sharma and others want this Court to Issue a command to the opposite parties to place their names below the names of Sri Chandra Pal Sharma at Serial No. 735 and above the name of Sri Ram Pal Singh Panwar at Serial No. 736 in the seniority list considering their selection against the year 1969 by counting their entire services rendered in LSGED/PWD respectively towards the total length of service and to consider their names for promotion on the post of Superintendent Engineer by placing them in the eligibility list dated 16.7.98 before the name of Ram Pal Singh Panwar before considering the same for the purpose of promotion.

(2.) Sri Vinod Kumar Sharma. more or less, claimed the same relief for placing his name over and above the name of Sri Bhikham Lal at Serial No. 715 in the seniority list considering his selection against the year 1968 by counting his entire service rendered in the Minor Irrigation towards the total length of service and to consider his name for promotion on the post of Superintendent Engineer by placing him in the eligibility list dated 16.7.1998 before the name of Sri Bhikham Lal before considering the same for the purposes of promotion.

(3.) According to Sri J. K. Sharma, and others, they were initially selected by U.P. Public Service Commission in the year 1969 against the temporary post of Assistant Engineer on temporary basis. Thereafter, petitioner No. 1 was posted at Lucknow in LSGE Department, while petitioner No. 2 was posted at Rani Khet in P.W.D. and the petitioner No. 3 was also appointed as Assistant Engineer in P.W.D. Subsequently it was averred that Sri J.K. Sharma and others again appeared in the selection being held by U.P. Public Service Commission against the vacancies for the year 1971 and they were selected as Assistant Engineer in the Irrigation Department and were posted at Lucknow, Rishikesh and Roorkl respectively. They submitted that on their selection as Assistant Engineer in the Irrigation Department, their services were transferred from Local Self Government Department as well as the P.W.D. to the Irrigation Department, without there being any break in the service. The submission of the petitioners appear to be is that the services which they have rendered in Local Self Government Department and the Public Works Department should be counted for the purposes of their seniority as their services were transferred to the Irrigation Department.