Previous service should be considered for time-scale and promotional scale, and principles of natural justice must be upheld.

Heard Sri Sandeep Dixit, learned Counsel for the petitioner and the Standing Counsel.

2. Counsel for the petitioner states that the impugned office-memorandum dated 27.1.2005 whereby the time-scale/promotional scale was allowed to the petitioner vide order dated 10.12.2001 has been cancelled is unjust, unwarranted apart from being in total breach of the principles of natural justice. It is stated that the petitioner, who was working as Senior Hydrologist in the Bhugarbh Jal Sarvekshan Sangathan, U.P.,Lucknow, was allowed time/promotional scale in the pay scale of `12000-16500 w.e.f. 1/9/1997 alongwith Sri N.K.Chaudhry, Sri C.S.Agarwal and Sri R.C. Saxena. He also pointed out that in the final seniority list circulated by the Department of Minor Irrigation and Rural Engineering Services including the persons working in the U.P. Ground Water Department, the petitioner was placed at serial no.3 whereas the aforesaid persons were at serial no. 5,6 and 7. Thus, the petitioner cannot be paid less emoluments/salary than his juniors. Placing reliance on the Government Order dated 31.12.1997, it has been contended that in no eventuality the senior persons would be allowed the salary in the revised scale of pay less than the junior employee. Taking all these grounds, the petitioner submitted a representation/reply but the same was rejected vide order dated 30.5.2005.

3. It has also been argued that before passing the impugned order dated 27.1.2005, no show cause notice was ever issued to the petitioner but in an attempt to fill the lacunae a show cause notice of the same date was issued to the petitioner which is wholly arbitrary and illegal. However, petitioner submitted reply pointing out the illegalities, but the same was rejected, as indicated above.

4. On behalf of the respondents, Standing Counsel submits that the Government Order dated 10.12.2001, by which the petitioner was allowed the personal pay scale of Rs. 12000-16500 w.e.f 22.1.1987, was issued taking into account the length of service rendered by him as Assistant Geologist in his previous department i.e. Directorate of Geology and Mining, U.P. but the same was cancelled after obtaining the opinion of the Finance Department as the Finance Department opined that service rendered by any personnel in previous department shall not be counted for sanction of time scale i.e. personal pay scale. Therefore, there is no illegality or infirmity in the impugned order.

5. Elaborating his arguments, learned Standing Counsel also states that in final seniority list issued by the Government vide Government Order dated 19.3.2003, the petitioner was placed at serial no.3 because his ad hoc services were regularized w.e.f. 11.1.1979 whereas services of S/Sri C.S. Agarwal, N.K.Choudhary and R.C.Saxena were regularized under the provisions of the U.P. Regularisation of Adhoc appointments ( on the post within the purview of Public Service Commission) Rules, 1979. Therefore, the petitioner cannot derive any benefit of the Government Order, referred to above.

6. Undisputed facts of the case are that the petitioner after being selected by the U.P. Public Service Commission (in short referred to as the "Commission') was appointed on the post of Assistant Geologist, a class II post in the Department of Geology and Mining, U.P. in the scale of pay of ` 550-1200. In 1973, a selection was conducted for appointment on the post of Assistant Geologist falling in U.P. Ground water Cell under the control of Irrigation Department, which is now a separate department known as U.P. Ground Water Department. The petitioner was recommended for appointment on the post of Assistant Geologist in U.P. Ground Water Department, Lucknow. It is relevant to point out that S/Sri N.K.Chaudhary, C.S. Agarwal and R.C.Saxena were already working on adhoc basis as Assistant Geologist in U.P. Ground Water Cell and they also participated in the selection process but candidature of all the three persons was rejected b