IMPORTANT POINT
Although Supreme Court expressed it unhappiness on the functioning of U.P. Jal Nigam in considering the promotion of the officers but it did not interfere with the order of the High Court on the facts and circumstances, pursuant to High Court s direction.

ORDER

Delay condoned. Leave granted.

2. The appellant-U.P. Jal Nigam was formed under the U.P. Water Supply and Sewerage Act, 1975. Consequentially, the persons working in the Local Self - Government Engineering Department of U.P. were transferred to the appellant s administrative control. In exercise of power under Section 97 of the Act, U.P. Jal Nigam Engineers (Public Health Branch) Services Regulations, 1978 (for short, "Regulations ) were framed. Rule 5 of the Regulations envisaged that :

"5. Keeping into consideration rules 6, 17 and 18, recruitment from the following sources :

(1) Asstt. Engineer :

A. Direct recruitment on the basis of result of competitive examination or as prescribed in part 5 of the rules for recruitment.

But in case of emergency the Nigam can made recruitment on the basis of interview also.

Note :-Initial recruitment to the post of Asstt. Engineer will be made against only temporary vacancies.

(2) Junior Engineers and computers of the former Local Self-Govt. Department and/or in the service of Jal Nigam by promotion of those candidates who have rendered continuous service of ten years in the former LSGD and/or U.P. Jal Nigam or any other department. Temporary service will be counted for this purpose. The candidates fulfilling these conditions and also fall within the ambit of Rule 16(3) will be considered.

Note :-The details for recruitment to the post of Junior Engineer and computer is given in condition 1. But recruitment will be done in such a way that 25% of the vacancies are filled by promotion and the rest by direct recruitment. Any relaxation in this percentage will be permitted only when suitable candidates are not available.

3. Rule 10 prescribes that no person will be recruited direct in the civil side unless he holds a degree in Civil Engineering or its equivalent from recognised university or he has passed part A and B of AMIE. Clause B thereof also provides that no person shall be recruited to the mechanical side on similar conditions. The ratio for direct recruitment is 75% and for promotees 25% and while calculating the vacancies, the ratio of 25% for promotees always be maintained. Rule 10(3) which is relevant for the purpose envisages that Computers and Junior Engineers in the service of former LSGD or Jal Nigam will not be promoted to the post of Asstt. Engineering (Civil) or (Mechanical) under rule 5(1) (ka) (two) unless he has passed the condition prescribed in Rule 10(1) and 10(2) of the Regulations. The note appended thereto given liver for relaxation of conditions of recruitment and can adopt any other criteria for the selection and promotion of Junior Engineers and Computers to the post of Assistant Engineer. In other words, the note enabled them only to relax the rules prescribed for passing the qualifying examination for selection to the posts of Asstt. Engineers. At this juncture, we would observe that the rule runs contrary to the settled service jurisprudence and the law laid down by this Court and deleterious to augment efficacy of service and would dry out the source to improve excellence and honest service. However, since note is not the subject matter of attack, we need not observe any further.

4. Rule 18 provides the right to promotion which envisages that "For promotion to the post of executive engineer seniority will be the criteria and for promotion to the post of Asstt. Engineer, Superintending Engineer and Chief Engineer, the merit will be the criteria". The Jal Nigam in exercise of the power-of relaxation under the note passed a resolution on 31.12.1983 that it is not appropriate to change the criteria every time and it is not necessary to change the basis on which selection has been made previously. Therefore the procedure was reiterated as under:

"The preceding five years annual confidential record of each candidate shall be perused. If there are more than half good entries or entries higher than that then the candidate shall be considered fit for selection."

Accordin