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1998 Supreme(SC) 549

K.VENKATASWAMI, S.RAJENDRA BABU, S.SAGHIR AHMAD
U. P. Jal Nigam – Appellant
Versus
S. C. Atri – Respondent


JUDGMENT :- The respondent was an Executive Engineer in the U.P. Jal Nigam. He was considered for promotion to the post of Superintending Engineer along with certain other Executive Engineers but he was not promoted because on the date on which he was considered for promotion there existed an adverse entry for the year 1974-75 in his character roll, against which a representation, admittedly, was pending with the appellant. The representation was subsequently allowed on 10-8-1978 and by order dated 10-4-1979 he was promoted to the post of Superintending Engineer. The respondent approached the High Court under Art. 226 of the Constitution of India by means of a writ petition for a direction that this seniority may be restored in terms of Regulation 23(6) of the U.P. Jal Nigam Service of Engineers (Public Health Branch) Regulations, 1978. By order dated 9th October, 1991, the writ petition was allowed and the direction was issued to the appellant to reckon the respondents seniority in accordance with Regulation 21(3) and treat him to be promoted on the post of Superintending Engineer with effect from the date on which his juniors were promoted vide order dated 6th August, 1977. The a






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