IMPORTANT POINT
The court upheld the validity of the respondent's appointment and promotion, affirming compliance with statutory rules and rejecting claims of manipulation.

JUDGMENT :

Vikas Budhwar, J.

1. Heard Shri Rakesh Pandey, Senior Advocate assisted by Shri Umesh Vats, learned counsel for the petitioner, Shri Manish Goyal, learned AAG and Shri A.K. Goyal, learned counsel for the State-Respondents as well as Shri Shobit Mohan Shukla and Shri Shashi Prakash Rai, learned counsel for Respondent No. 5.

2. A joint statement has been made by the learned counsels for the rival parties that the pleadings have been exchanged and they do not propose to file any further affidavits and the writ petition be decided at the fresh stage. With the consent of the parties, the writ petition is being decided at the first stage.

Facts:

3. The fact of the case as discernible from the record are that the State Government in order to review the functioning of the Zila Panchayat and to strengthen them issued a Government Order dated 30.03.1992 constituting “Zila Panchayat Monitoring Cell” for reviewing and monitoring the financial and physical achievements of Zila Parishads and Zila Panchayats of the State of Uttar Pradesh. In order to man the Monitoring Cell, several posts were created namely, three post of Deputy Director, two posts of Engineer, two posts of Karya Adhikari, two posts of Senior Clerk, three post of Stenographer and one post of Peon. Since the Monitoring Cell was newly born thus post which stood sanctioned was temporary for the period till 28.02.1993. In order to regulate the procedure for the selections of the incumbents who were to man the newly created post, the State Government issued an office order dated 01.04.1992. As regards, the posts of engineer which were two in number is concerned, the same was to be filled through a selection committee constituted by the State Government from the eligible candidates who had the qualification of Bachelor of Engineering (Civil). The fifth respondent after being subjected to the selections conducted by the selection committee was issued an appointment order dated 17.10.1992 appointing him on the post of Engineer (Civil) on ad hoc basis in the pay scale of Rs. 2200-75-2800 EB 100-4000.

4. Pleadings reveal that the proceedings were initiated for making the temporary post as permanent, on 14.10.1998 with the concurrence Governor of the State of Uttar Pradesh, an order came to be issued according approval for making the temporary posts which stood created by virtue of the Government order dated 30.03.1992 as permanent. Thereafter on 29.11.2000, an office order came to be issued by the Deputy Secretary, Panchayati Raj Anubhag-II, Uttar Pradesh, Uttar Pradesh Government wherein the fifth respondent along with 9 others were made regular. In the meantime in exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Rules by the name of “Uttar Pradesh Zila Panchayat Monitoring Cell Gazetted Officers Service Rules, 2004” (in short ‘Rule 2004’) came to be enacted which was gazetted on 12.07.2004, Rule 5 of the said Rules provided for recruitment, according to which, the post of Deputy Director was to be filled up 33-1/2 % by promotion through the selection committee from amongst substantively appointed engineer who had completed eight years of service as such on the first day of the recruitment, 33-1/2 % by promotion through selection committee from amongst substantively appointed Karya Adhikari who had completed 8 years of service as such on the first day of recruitment and 33-1/2% by promotion through the selection committee from amongst substantively appointed medical officers who have completed eight years of service on the first day of recruitment. As regards, the post of engineer, the same was to be filled up by direct recruitment through Commission. On 18.07.2006 an order came to be passed by the Principal Secretary/ Chief Secretary Panchayati Raj Civil Secretariat, Uttar Pradesh Lucknow whereby the fifth respondent services was made regular while substituting the word “ad hoc” as recited in the order dated 17.10.1992 as ‘regular’.