ISHWAR CHANDRA GARG Vs. STATE OF U P

JUDGEMENT

(1.) It is well-settled by the Hon'ble Supreme Court in the case of P. D. Agarwal v. State of U. P., 1987 (3) SCC 622. that the seniority of Assistant Engineer shall be from the date of his substantive appointment either on temporary or permanent post. According to the Rules, an Assistant Engineer will become a member of service if he is appointed substantively either on temporary or permanent post, meaning thereby; that the appointment should be in accordance with rules. The post of Assistant Engineer which is a feeder post for the purpose of determination of the seniority is from two sources ; one through process of promotion and secondly by direct recruitment. The post of Assistant Engineer is within the purview of the Public Service Commission. If a person is selected by the Public Service Commission, then according to the seriatim of select list, the appointment orders would be issued. When in pursuance of the appointment order, a person joins a post, then he becomes a member of the service, so his seniority will reckon from the date of his appointment, in substantive capacity.

(2.) According to the allegations contained in the writ petition, the petitioner was initially appointed as an Assistant Engineer (Civil) in the U. P. Public Works Department by an order dated 28.10.1972. The U. P. Public Service Commission issued an advertisement in the year 1976 to hold a combined State Engineering Service Examination in the year 1973. In the said advertisement, it was clearly mentioned that for each category of the post, separate application was required. It was clearly indicated in the advertisement that the post of Assistant Engineer for Public Works Department (Civil), Public Works Department (EM), Irrigation (Civil) and Irrigation (Mechanical) wherein separate categories. The petitioner was selected as an Assistant Engineer in the Irrigation Department and accordingly on 28.10.1978, he was appointed as Assistant Engineer in the Irrigation Department. On 9.8.1979 the petitioner was appointed as Assistant Engineer in the U. P. Public Works Department.

(3.) By means of the present writ petition, the petitioner wants to reckon his seniority with effect from 1977 when he was selected for appointment on the post of Assistant Engineer by the U. P. Public Service Commission, Allahabad which selection was accepted by the State Government. The petitioner also wants that his name be placed at serial No. 981 of the seniority list of Assistant Engineers of U. P. Public Works Department as contained in Annexure-9. Over and above Sarvsri I. C. Garg, Mahesh Chand Govind, Babu Ram and Mahesh Prasad Sinha who were not arrayed as parties to the present writ petition.