Judgment [Per: Hon'ble V.K. Maheshwari, Vice Chairman (J)]

1. Inter-se seniority amongst the promoted and direct recruited Assistant Engineers is under challenge in the present claim petition.

2. The facts as have been stated in the petition are that the petitioners joined the Garhwal Jal Sansthan as Junior Engineers on 01.11.1980 against the substantive posts. However, at that time, the service conditions were governed by executive instructions as there were no service rules. In the year 1997, the Centralized Service Rules were framed. Subsequently, U.P. Hill Regions sub-cadre was also created and petitioners were allocated the said cadre. Thereafter, a final seniority list pertaining to Junior Engineers serving in UP. Hill Sub cadre was issued on 31.1.1996, which remained in force even after creation of State of Uttarakhand. The Centralized Service rules were adopted by the State of Uttarakhand also, but later on Uttarakhand Jal Sansthan Abhiyantran Sewa Niyamawali, 2011 were framed, which were enforced on 2.12.2011. Under these rules, there were two sources for the recruitment of Assistant Engineers, one by promotion of junior engineers and other by direct recruitment. Both these sources have equal quota in the vacancies. Rule-26 of the above mentioned rules provides that inter-se seniority of Assistant Engineers shall be determined from the date of substantive appointment.

3. The petitioners were promoted to the post of Assistant Engineer on 11.3.2012, while 20 more Assistant Engineers were recruited by direct recruitment on 3.06.2011 and 3 more were recruited on 15.7.2011. The provisional seniority list of Assistant Engineers from both sources of recruitment was issued and objections were invited. The petitioners filed objections. However, the objections of the petitioners were overruled and final seniority list was issued wherein the petitioners have been placed below the private respondents' no. 3 and 4, Sri Ajay Kumar and Sri Santosh Kumar. The facts that the petitioners were substantively appointed on 11.3.2011, while the private respondents Ajay Kumar was appointed on 15.7.2011 and Santosh Kumar on 3.6.2011 was ignored. The petitioners by way of amendment have also impleaded the private respondents no. 5 to 17. Therefore, the petitioners preferred this claim petition and prayed that the seniority list at Annexure-1 be quashed.

4. The petition has been opposed on behalf of respondents no.1 and 2 only. Despite giving sufficient time, no written statement has been filed on behalf of private respondent no. 3 and 4. The written statement has been filed on behalf of the respondent no.2, which has been adopted by the respondent no. 1 also. It has been stated in this written statement that the petition has been filed on false and frivolous grounds by concealing the material facts. In fact, the controversy in the petition is regarding inter-se seniority of Assistant Engineers amongst the promotees and directly recruited in the same selection year i.e. 2010-11.

5. It has further been stated that after creation of the State, two bodies named as Garhwal Jal Sansthan and Kumoun Jal Sansthan were in existence and they were amalgamated in one body named as The Uttaranchal Jal Sansthan vide notification dated 26.8.2002. On 7.11.2002, a new Corporation named as Uttaranchal Peyjal Sansthan Vikas and Nirman Nigam was constituted and Uttaranchal Jal Sansthan became part of it. Earlier the service conditions of the employees were governed by Uttaranchal Jal Sansthan Employees Service Conditions Rules, 2004, which was enforced on 26.8.2004. Later on, these rules were replaced by Uttarakhand Jal Sansthan Engineering Service Rules, 2011. After the enforcement of these rules, the Uttar Pradesh Palika Evam Jal Sansthan Abhiyantran (Kendriyat) Sewa Niyamawali, 1996 were superseded. It is further stated that the petitioners were promoted, while the private respondents no. 3 and 4 were appointed by direct recruitment to the post of Assistant Engineer

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