ASHISH KUMAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) In both writ petitions, above mentioned, the order dated 07.10.2010 passed in the claim petition no. 1213 of 2007 (Ramesh Chandra Vs. State of U.P. And Others) by U.P. State Public Service Tribunal, Lucknow (in short "Tribunal") is under challenged and as such both writ petitions are being decided by the judgment.

(2.) The undisputed facts of the case are that the claimant-respondent no. 1 was appointed alongwith one Sri Suresh Chandra Singh as an Assistant Engineer on a fixed salary of Rs. 3500.00. It is also an admitted fact that the date of birth of Sri Suresh Chandra Singh is 01.12.1964 whereas the date of birth of the claimant-respondent no. 1 is 05.08.1961. Both the above named persons were appointed vide order dated 29.11.1990. The U.P. Government by means of order dated 23.03.1992 decided to absorb all the Assistant Engineers in the Palika Centralised Services. Thereafter, Sri Suresh Chandra Singh was transferred from Nagar Maha Palika, Varanasi to Nagar Maha Palika, Agra vide order dated 11.02.1994. Subsequently Sri Suresh Chandra Singh was absorbed by means of letter of absorption dated 20.09.1994. The absorption of claimant-respondent no. 1 was declined and his services were terminated by means of order dated 24.09.1996. Claimant-respondent no. 1 preferred a Misc. Writ Petition no. 34030 of 1996 (Ramesh Chandra Vs. State of U.P. and others) and the same was finally disposed of by this Court at Allahabad by means of order dated 11.08.1997, whereby the official respondents were directed to decide the claim of the claimant-respondent no. 1 afresh. Thereafter an order was passed on 21.08.1998 whereby the claimant-respondent no. 1 was absorbed in Palika Services. The order dated 21.08.1998 says that claimant- respondent no. 1 would not be entitled to back wages. It also says that period between termination and absorption would not treated as break in services. Pursuant to order dated 21.08.1998 the claimant- respondent no. 1 was absorbed as Assistant Engineer (Traffic) and posted at Nagar Nigam Varanasi.

(3.) After the aforesaid, vide order dated 03.11.2003, a tentative seniority list with regard to the post of Executive Engineer/ Assistant Engineer of U.P. Palika Traffic Engineering Centralize Service was published. In response, the claimant-respondent no. 1 filed the objection. Vide order dated 13.06.2006, final seniority list was published. In final seniority list, the claimant-respondent no. 1 was placed after Sri Suresh Chandra Singh (petitioner of the Writ Petition No. 1896 (SB) of 2010) and Sri Ashish Kumar Singh (petitioner of Writ Petition No. 02 of 2011). It reveals from the final seniority list dated 13.06.2006 (Annexure No. 5 to the writ petition) that the claimant-respondent no. 1 was placed at serial no. 9 and Sri Suresh Chandra Singh was placed at serial no. 7 and Sri Ashish Kumar Singh was placed at serial no. 8.