Judgement

B.C. RAY, J. :- These appeals by special leave are against the common judgment and order dated 14-1-1982 quashing the seniority list in the cadre of Assistant Engineers in the United Provinces (Buildings and Roads Branch) Class II prepared on 29-7-1980 and 18-12-1980 with 19-12-1980. A writ of mandamus was also issued to the State Government for preparation of fresh seniority list in respect of Assistant Engineers in the Civil Engineering Wing and Electrical and Mechanical Wing respectively in accordance with the guidelines mentioned in the said judgment. The facts giving rise to these writ petitions are in brief as follows :-

Previously Public Health Department as well as the Irrigation Department of the Government of Uttar Pradesh were integrated into Public Works Department comprising both these two branches. In 1922 Irrigation branch was separated into a different independent department. Similarly, in 1927 Public Health Department was separated. In 1936 U.P. Service of Engineers Class II Rules (Buildings and Roads Branch) pertaining to P.W.D. were framed in exercise of powers conferred under the Government of India Act. Identical rules also governed the Irrigation Depar