Ramesh Chandra vs State of U.P. and others

V.D. Chaturvedi, J.

Heard Sri Sandeep Dixit, learned counsel for the petitioner and Sri Ashok Shukla, the learned Standing Counsel for the opposite parties.

The petitioner has alleged that he was appointed on the post of Assistant Engineer in the Minor Irrigation of Rural Development Department on 02.03.1979. The petitioner has further alleged that on the recommendation of the U.P. Public Service Commission the petitioner was appointed on the post of Assistant Engineer (Civil) in the Irrigation Department on 19.02.1982 and thereafter he was appointed on the post of Assistant Engineer (Civil) in the Public Works Department on 15.09.1983 where he joined on 12.04.1984.

The learned counsel for the petitioner submits that for the purposes of selection grade and time scale the petitioner is entitled for the benefit of the services which he has rendered in the Irrigation Department on account of his selection through U.P. Public Service Commission. The learned counsel for the petitioner has relied upon the Government Order dated 22.08.1987 issued by the State Government. He has also relied upon the decisions of Hon''ble the Supreme Court in State of U.P. and others Vs. Maqbool Ahmad reported in (2006) 7 SCC 521 and Vijaya Kumar Shrotriya Vs. State of U.P. and others (1998) 3 SCC 397. He further submits that on the basis of the judgment passed by Hon''ble the Supreme Court the benefit has been provided to Smt. Maqbool Ahmad who was also similarly situate to the petitioner.

The learned Standing Counsel appearing on behalf of the opposite parties is not disputing the fact that the petitioner was appointed on the post of Assistant Engineer in the Irrigation Department on the recommendation of the U.P. Public Service Commission. The learned Standing Counsel has fairly conceded that the State Government on the basis of the judgment passed by Hon''ble the Supreme Court has granted the benefit of the service rendered by Smt. Maqbool Ahmad in the Irrigation Department.

We have considered the submission made by the learned counsel for the parties and gone through the record.

It is admitted case of the parties that the petitioner was appointed on the post of Assistant Engineer in the Irrigation Department on the recommendation of the U.P. Public Service Commission. The petitioner joined on the postof Assistant Engineer(Civil) in the department of Irrigation on 15.04.1982 and thereafter he was appointed on the post of Assistant Engineer (Civil) in Public Works Department on the recommendation of the U.P. Public Service Commission on 15.09.1983. The petitioner was promoted on the post of Executive Engineer (Civil) in the Public Works Department on 08.12.1993. The State Government has also issued Government Order dated 22.08.1987 by which the benefit of service rendered by an employee in another Engineering Department has been given for the purposes of the Selection Grade/Personal Scale and time scale. The Hon''ble Supreme Court in the case of State of U.P. and others Vs. Maqbool Ahmad has given benefit of selection grade/super time scale to an employee who has rendered service before his appointment in the Irrigation Department.

Admittedly, the petitioner joined on the post of Assistant Engineer in the Irrigation Department on 15.04.1982 in pursuance of the order of appointment dated 19.02.1982 issued on the recommendation of the Public Service Commission and thereafter he was appointed on the post of Assistant Engineer in the Public Works Department. There is no break in service of the petitioner. In view of the law declared by Hon''ble the Supreme Court in the case of State of U.P. and others Vs. Maqbool Ahmad (supra) the petitioner is entitled for the benefit of the service rendered by him in the Irrigation Department as Assistant Engineer prior to his appointment on the post of Assistant Engineer (Civil) in the Public Works Department for the purposes of the grant of selection grade/time scale.

In the result, the writ petition succeeds and is hereby allowed. The impugned order dated 12.09.2000 a copy which has been annexed as Annexure No. 15 to the writ petition is hereby quashed. The opposite parties are directed to consider the case of the petitioner for the grant of payscale/time scale after counting the service of the petitioner rendered by him on the post of Assistant Engineer in the Irrigation Department within three months from the date the certified copy of this order is produced.