NARENDRA KUMAR TRIPATHI Vs. SECRETARY MINOR IRRIGATION DEPARTMENT

JUDGEMENT

(1.) This writ petition has been filed against the Impugned order dated 26.12.2000, Annexure-1 to the writ petition by which petitioner's representation had been rejected by the State Government.

(2.) Heard learned counsel for the parties.

(3.) The petitioner was selected and appointed as Work Engineer on work charge basis by order dated 18.1.1983 Annexure-3 to the writ petition. Thereafter in pursuance to the G.O. dated 20.1.1985 a selection committee was constituted and after taking into account the satisfactory work of the petitioner, he was appointed as Assistant Engineer vide order dated 12.6.1985, Annexure-5. His service was regularised as Assistant Engineer by order dated 14.12.1989. A seniority list of the Assistant Engineer of Rural Engineering Service was published by the department on 4.1.1995 wherein the petitioner's name was placed at serial No. 274 showing petitioner's seniority with effect from 14.12.1989. Photostat copy of the seniority list dated 4.1.1995 is Annexure-6. A perusal of the seniority list shows that persons placed at serial Nos. 8 to 64 were regularised vide order dated 15.4.1985 w.e.f. 14.5.1979, and similarly the person placed at serial No. 132 was regularised by order dated 17.1.1990 w.e.f. 13.5.1984, One Subhash Singh whose name is at serial No. 8 was given the benefit of his previous service and his seniority fixed accordingly. However petitioner was not given any benefit of his previous service in the department. Hence, he has made representations dated 10.3.1995 and 25.5.1998 claiming seniority from the date of his initial appointment i.e., 18.1.1983 vide Annexures-7 and 8. He made further representations and copy of the last representation dated 6.5.2000 is Annexure-2 to the writ petition. However by the impugned order, the said representation has been rejected.