IMPORTANT POINT
What was relevant for the purpose of determination of seniority under the U.P. Government Servants Seniority Rules 1991 or even in terms of Rule 7 of the 1985 Rules, is the continuous service rendered by the concerned employees on similar posts , which would mean posts which were available having been legally created or borne on the cadre.

Headnote:Service Law-U.P. Urban Planning and Development Act, 1973-Sections 5(2) and 55-U.P. Government Servants Seniority Rules, 1991-U.P. Development Authorities Centralised Service Rules, 1985-Rule 7-Seniority, fixation of-Consequential promotions-Absorption of employees from different authorities in Centralised Service-Criteria of continuous length of service including service rendered in a Development Authority, Nagar Mahapalika, Nagarpalika or Improvement Trust on similar posts-Appellants were promoted on purely ad hoc basis to posts of Assistant Executive Engineer-Ad hoc or temporary promotion on non-existent posts of Assistant Executive Engineer would not confer any right of seniority on appellants-Once they have been absorbed with Respondent 1 and other employees similarly situated-Their inter se seniority would be governed by statutory rules operating in the field.
       Held : It is true that the appellants were sought to be promoted to the Posts of Assistant Executive Engineer. The said posts, however, were not available. They were, therefore, absorbed ultimately in the posts of Assistant Engineer. (Para 25)
       What was, therefore, relevant for the purpose of determination of seniority even in terms of Rule 7 of the 1985 Rules, was the continuous service rendered by the concerned employees on similar posts , which would mean posts which were available having been legally created or borne on the cadre. (Para 26)
       The ad hoc or temporary promotion granted to the appellants on 3.5.1986 and 13.1.1987 respectively on non-existent posts of Assistant Executive Engineer would not, therefore, confer any right of seniority on them. Thus, for all intent and purport for the purpose of determination of seniority, the appellants were not promoted at all. Once they have been absorbed with Respondent No. 1 and other employees similarly situated, their inter se seniority would be governed by the statutory rules operating in the field. The case of the appellants vis-a-vis Respondent No. 2 although may be governed by the special rules, in terms of Rule 7, the same has to be determined on the criteria of continuous length of service including the service rendered in a Development Authority, Nagar Mahapalika, Nagarpalika or Improvement Trust on similar posts. The appellants, it will bear repetition to state, although were promoted at one point of time on purely ad hoc basis to the posts of Assistant Executive Engineer as the said posts even in their parent authority were not of similar type, the same would not be relevant for the purpose of determining the inter se seniority. If the rule of continuous service in same and similar posts is to be resorted to, the date of initial appointment would be a relevant criteria therefor. (Para 27)

JUDGMENT

S.B. Sinha, J.-Leave granted.

2. Dispute of inter se seniority between the appellants and the respondent No. 1 is in question in this appeal which arises out of a judgment and order dated 23.5.2002 passed by a Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench in Writ Petition No. 1780(S/B) of 2000 and Writ Petition No. 195(S/B) of 2001.

FACTUAL MATRIX :

3. The Legislature of the State of U.P. enacted U.P. Urban Planning & Development Act, 1973 (hereinafter referred as 1973 Act ). The said Act was enacted to provide for the development of certain areas of Uttar Pradesh according to the plan and for matters connected therewith and ancillary thereto.

4. By reason of Section 4 of the said Act an Authority to be called the Development Authority for any development area was constituted. Section 5 deals with the staff of the said authority. Sub-section (2) of Section 5 of 1973 Act contemplates that subject to such control and restrictions as may be determined by general or special orders of the State Government, the authority may appoint such number of other officers and employees as may be necessary for the efficient performance of its functioning. The reason for the said enactment inter alia is stated to be :

"In the developing areas of the State of Uttar Pradesh the problems of town planning and Urban development need to be tackled resolutely. The existing local bodies and other authorities in spite of their best efforts have not been able to cope with these problems to the desired extent. In order to bring about improvement in this situation, the State Government considered it advisable that in such developing areas, Development Authorities patterned on the Delhi Development Authority be established. As the State Government was of the view that the Urban development and planning work in the State had already been delayed it was felt necessary to provide for early establishment of such authorities."

5. By reason of the provisions of the said Act, thus, other statutes governing the field relating to town planning and urban development remained suspended in terms of sub-section (1) of Section 59 of the Act. Sub-section (3) of Section 59 reads as under :

"On and from the constitution of the Development Authority in relation to a development area which includes the whole of a city as defined in the Uttar Pradesh Municipal Corporations Act, 1959, all posts borne on the establishment of the Municipal Corporation of that city exclusively in connection with its activities under Chapter XIV of the said Adhiniyam or under the Uttar Pradesh (Regulation of Building Operations) Act, 1958, immediately before the date of the constitution of the Development Authority, not being a post governed by the Uttar Pradesh Palika (Centralized) Services Rules, 1956 (hereinafter in this section referred to as the Centralized Services), shall, on and from such date, stand transferred to the Development Authority with such designations as the Authority may determine and officers and other employees who are not members of any Centralised Services, serving under the Municipal Corporation of that city not exceeding the number of posts so transferred shall be selected in accordance with such directions as may be issued by the State Government for being appointed on the said posts and on such selection shall stand transferred to and become officers and other employees of the Development Authority and shall as such hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as they would have held the same if the Authority had not been constituted, and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Authority.

Provided that any service rendered under the Municipal Corporation by any such officer or other employee before the constitution of the Authority shall be deemed to be service rendered under the Authority.

Provided further