ASHOK KUMAR MADHESHIYA Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Sri C.B. Yadav, senior counsel assisted by Sri Aditya Kumar Singh for the Petitioners; Sri Pankaj Saxena, for Respondent Nos. 1 and 2; Sri Ashok Khare, senior counsel assisted by Sri S.K. Tyagi for Respondent Nos. 3, 4, 6 and 7 and Sri P.S. Baghel, for U.P Public Service Commission.

(2.) The Petitioners are aggrieved by the decision on their representation with regard to determination of their seniority on the post of Engineers in Zila Panchayat.

(3.) By the impugned order, the Special Secretary, Government of U.P. has, while deciding the objections of the Petitioner to the tentative seniority list, found that since three reserved posts of OBC category were filled up by selection of the Petitioner in pursuance to advertisement No. 6/1997-98 dated 4.11.1997, in respect of item No. 7 of the advertisement as a special class of vacancies (for which a separate select list was declared on 27.7.1998), the Explanation to Section 5 of the U.P. Government Servant Seniority Rules, 1991 will be attracted, and that recruitment of these three reserved category candidates will be treated to be an emergency recruitment. The Petitioners as the three reserved category candidates selected vide select list dated 27.8.1998 and appointed on 3.5.1999, 12.3.1999 and 3.5.1999 respectively will thus be treated to be juniors to the 19 selected candidates by the same advertisement at item No. 5, for which a separate select list was published on 28.8.1998 i.e. one day after the select list dated 27.8.1998 in respect of three reserved category candidates.