BHARAT BHUSHAN PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed with a prayer for a mandamus directing the respondents to promote the petitioner as Executive Engineer in the service of Varanasi Development Authority w.e.f. from the date his Juniors were promoted, i.e.. 18.3.1994 along with consequential benefits including arrears and seniority. It has been further prayed that the respondents be directed to include the name of the petitioner in the seniority list at its proper place according to actual date of service of the petitioner from 22.10.1982.

(2.) Heard learned counsel for the parties.

(3.) The petitioner was appointed by order dated 21.10.1982 as an Assistant Engineer on ad hoc basis vide Annexure-1 to the petition and since then he has been in continuous service. At that time the Vice Chairman of the Development Authority was the appointing authority. Subsequently by U. P. Act No. 21 of 1985 which was enforced on 22.10.1984 Sections 5A was added in U. P. Urban Planning and Development Act, 1973. According to the provisions of the said Act. a person serving on the post Included In the Centralised Service immediately before creation of such service, not being a person governed by the U. P. Palika (Centralised) Services Rules, 1966 or serving on deputation could be absorbed in the service unless he opted otherwise. If he was confirmed on the post, he would be absorbed finally, and if he was holding officiating appointment, then he would be absorbed in a provisional capacity. The petitioner made several representation for absorption. True copy of the representation dated 10.3.1986 is Annexure-2 and copy of the representation dated 24.11.1987 is Annexure-3. His case was also recommended by the Vice-Chairman of the Development Authority by letter dated 11.3.1986 vide Annexure-4, and a copy of the telex message dated 1 1.6.1986 is Annexure-6. The petitioner has brought on record various service/experience certificates, copies of which are Annexures-7. 8, 9 and 10 to the petition.