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HIGH COURT OF ALLAHABAD
A.K.Yog, Umeshwar Pandey
A K GUPTA
Versus
STATE OF U P
Decided On : 14 May 2003
C. M. W. P. No. 13817 of 2001
Traffic Engineering Service - Promotion - U. P. Palika Centralized Service Rules, 1966 - Rule 3, Item No. 15(a) - Summary of Acts and Sections: U. P. Palika Centralized Service Rules, 1966, 13th Amendment Rules 1992 - The court discussed the interpretation of Rule 3, Item No. 15(a) of the U. P. Palika Centralized Service Rules, 1966 and the 13th Amendment Rules 1992. The key legal provisions discussed include the principles of promotion in public service and the obligation to provide promotional avenues for efficient public service. The court's decision was influenced by the interpretation of these rules and the obligation to consider the petitioner for promotion to the post of Chief Engineer.
Fact of the Case:
The State Government informed about the formation of traffic Engineering and Management Cells and the posts to be filled. The petitioner was appointed as Traffic and Transportation Planner, which was later redesignated as Executive Engineer. The petitioner sought promotional avenues and filed a writ petition under Article 226 of the Constitution of India.
Finding of the Court:
The court found that the petitioner, holding the post of Adhishashi Abhiyanta (Traffic and Transportation Planning), is entitled to be considered for promotion to the post of Chief Engineer as covered by Serial No. 12 in the Schedule given in Rule 3 of Centralized Service Rules 1966.
Issues: The issues revolved around the promotional avenues for the petitioner in the U. P. Palika Traffic Engineering Service and the interpretation of the U. P. Palika Centralized Service Rules, 1966.
Ratio Decidendi: The court's decision was based on the interpretation of the U. P. Palika Centralized Service Rules, 1966 and the obligation to provide promotional avenues for efficient public service, as well as the petitioner's entitlement for consideration of promotion to the post of Chief Engineer.
Final Decision: The writ petition was allowed, and the respondents were commanded to consider the petitioner for promotion to the post of Chief Engineer within three months from the date of the judgment.
Heard learned counsel for the parties.
Facts of the case not in dispute, are as follows.
2. The State Government vide its order dated 11-1-1989 addressed to the Administrator, Nagar Mahapalika, Lucknow/agra/allahabad/varanasi informed that World Bank had advanced financial aid for U. P. Town Development and under this project conceived formation of traffic Engineering and Management Cells to be implemented in all the major towns in the towns referred to in the said Government Order. The aforesaid Government Order contained details of the posts of traffic and Transportation Planners in Pay Scale of 1100-2050 outside Centralized Services; that of Assistant Engineer (Civil) and Junior Engineer (Civil) and Junior Engineer (Civil) (posts of Centralized Services) besides the post of tracer. Mahapalika were required to fill up these posts immediately. (copy of the G. O. is Annexure 1 to the writ petition ).
3. The Mukhya Nagar Adhikari, Agra, after giving through requisite formalities, issued letter of appointment dated October 24, 1989, on the post of Traffic and Transportation Planner in favour of the petitioner, Annexure-2 to the writ petition. Subsequently, Government, vide its letter dated 11-4-1992 addressed to the Mukhya Nagar Adhikari of the concerned Mahapalika, intimated that it had taken decision to recognize all the four posts of traffic Engineer Services mentioned in the Government Order dated 11-1-1989 (Annexure-1 to the writ petition) under U. P. Palika Centralized Services Rules 1966 and the post of traffic and Transportation Planner was redesignated as executive Engineer/adhishashi Abhiyanta (Traffic). The U. P. Government, we are informed, issued U. P. Palika (Centralized) Service (13th Amendment) Rules 1992 vide Notification dated 31-3-1992. For convenience, relevant extract of aforesaid Rules is reproduced:
"rule 12. U. P. Palika Engineering (Superior) Service.-, (i) Chief Engineers of Nagar Mahapalika.
(ii) Executive Engineers of Nagar Mahapalikas (Civil,, Electrical,, Mechanical and Automobile)
(iii) Assistant Engineers of Nagar Mahapalikas (Civil,, Electrical,, Mechanical and Automobiles)
(iv) Civil Engineer of Class I Municipal Boards.
(v) Civil Engineers (Qualified),, of Class II Municipal Boards.
13. . . . . . . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . . .
14. U. P. Palika Water Works Electrical and Mechanical Engineering (Superior) Service. , (i) Nagar Abhiyanta (Jal Kal) of Mahapalikas
(ii) Mechanical Engineer of Mahapalika,, Kanpur
(iii) Sahayak Abhiyantas (Jal Kal) of Mahapalikas
(iv) Water Works,, Engineers,, Electrical Engineers,, Electrical and Water Works Engineers of "a" and "b" Undertakings Municipal Boards
(v) Assistant Water Works Engineers,, Assistant Electrical and Water Works Engineers (Qualified) of Class "a" undertakings on Municipal Boards.
15-A. U. P. Traffic Engineering Service.-, (I) Adhishasi Abhiyanta of Nagar Mahapalika (Traffic and Transportation Planning)
@z_tbl_body = TABLE TEXT, a
, (II) Sahayak Abhiyanta (Traffic and Transportation Planning)
, (III) Avar Abhiyanta (Traffic and Transportation Planning)
@z_tbl_end =
4. Serial Nos. 12, 13, 14 and 15 of the Schedule, attached to of Rules 1966 as amended by U. P. Palika (Centralized) Service (13th Amend) Rules, 1992, shows that there are U. P. Palika Engineering (Superior Service), U. P. Palika Engineering (Subordinate Service), to U. P. Palika Jalkal, Electrical Mechanical (Superior And Subordinate Services. In addition, it also contains at Serial No. 15-A U. P. Palika Traffic Engineering Services, U. P. Palika Engineering (Superior Services) at Serial No. 12 - includes posts of Chief Engineers, Executive Enginee
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