JAGAT PRASAD TRIPATHI Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioners before this Court, who are five in number, seek quashing of the order of the Engineer-in-Chief, Irrigation Department, Lucknow dated 11.1.1990, enclosed as Annexures 8 and 9 to the writ petition. It is further prayed that the respondents may be commanded to ensure payment of salary to the petitioners as Senior Clerk alongwith other incidental reliefs. Petitioners before this Court have all been appointed as Junior Clerk in the Irrigation Department of State of U.P. subsequent to 23.10.1978 but prior to 15.2.1979. In accordance with the Government Order issued on 20.8.1983, rationalisation of the cadre of clerks in the Irrigation Department was directed. It was provided that having regard to the total cadre strength, percentage of the post shall be those with the designation of Senior Clerk and remaining shall be with the designation of Junior Clerk. In accordance with the Government Order, a decision was taken by the departmental authorities to provide the designation and scale of Senior Clerk to 1250 persons working as Junior Clerk in the Irrigation Department within the percentage provided.

(2.) Since at the relevant time, a tentative seniority list was available with the department, persons appointed upto 15.2.1979 were found to be within the total number of 1250 candidates entitled to be designated as Senior Clerk and paid salary accordingly. The petitioners were accordingly designated as Senior Clerk as they had been appointed prior to 15.2.1979.

(3.) Subsequently, representations were received in the matter of seniority and after re-determination of the seniority it was found that candidates only up to 23.10.1978 could be designated as Senior Clerk within the quota provided therefor under the rationalisation order. Since the petitioners were appointed on a date subsequent to 23.10.1978, the order designating them as Senior Clerk and granting them salary as such has been withdrawn. It is against this order dated 11.1.1990, the present writ petition has been filed.