The settled seniority cannot be disturbed after a long period, and the finalization of seniority list is a quasi-judicial function. The reversion of employees without notice and opportunity of hearing is violative of the Constitution of India.

JUDGMENT :

Alok Kumar Verma, J.

Whether the settled final seniority list of the employees can be re-examined and re-settled in the manner, as it was done by the writ petitioners. This is the question of law in these writ petitions.

2. The Writ Petition No.386 of 2019 (S/B) is filed seeking a writ of certiorari to set aside the Judgment and Order dated 29.03.2019 passed by the learned Public Services Tribunal, Uttarakhand at Dehradun in the Claim Petition No.80/DB/ 2018 Gauri Shankar Joshi vs. State of Uttarakhand and others.

3. The Writ Petition No.387 of 2019 (S/B) is filed seeking a writ of certiorari to set aside the Judgment and Order dated 29.03.2019 passed by the learned Public Services Tribunal, Uttarakhand at Dehradun in the Claim Petition No.81/DB/ 2018 Smt. Kalawati Martolia vs. State of Uttarakhand and others.

4. Both the claim petitions were decided by the learned Public Services Tribunal by a common judgment, taking the Claim Petition No.81/DB/2018 as leading case.

5. Facts, to the limited extent necessary, are that the respondents-claim petitioners were appointed through a due selection process in the State of Uttar Pradesh on Class IV posts in the year 1995 and 1996 respectively. The State of Uttaranchal (now Uttarakhand) was created with the enactment of the Uttar Pradesh Re-organisation Act, 2000 (hereinafter referred to as "the Act, 2000"). Under the Act, 2000, 9th November, 2000 was the appointed day. The respondents-claim petitioners being domicile of the State of Uttarakhand opted for the State of Uttarakhand. After creation of the State of Uttarakhand, some employees, including private respondents, were provisionally allocated to the State of Uttarakhand, whereas, the respondents-claim petitioners, who were continuing to serve in the State of Uttar Pradesh, provisionally allocated to the State of Uttar Pradesh, awaiting their final allocation by the Central Government.

6. The employees provisionally allocated to the State of Uttarakhand were promoted by the State from Class IV to Class III post as Typist. These promotions were made in the year, 2001 and 2004 respectively. The tentative seniority list was issued on 12.08.2004 and objections were invited under the Uttarakhand Government Servants Seniority Rules, 2002 and under the provisions of the Uttarakhand Secretariat Personal Assistant, Upper Divisional Assistant, Assistant Accountant, Typist, Anusevak Absorption Rules, 2002. After considering the objections, the seniority list of employees, working in the Secretariat, was issued on 19.11.2004. In the paragraph No.5 of the seniority list dated 19.11.2004, a stipulation was made that the said seniority was subject to the outcome of the final allocation of the employees by the Central Government and after final allocation, if senior employees were allocated to the State of Uttarakhand, then the seniority list will be amended accordingly.

7. The respondents-claim petitioners, who were serving in the Secretariat of the State of Uttar Pradesh, after passing the departmental examination, were promoted on the post of Typist vide order dated 26.09.2007.

8. The allocation of the employees of the Secretariat was pending before the Central Government for their final allocation, therefore, the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pension of Government of India issued a letter dated 28.01.2009 to the Chief Secretary of the Government of Uttar Pradesh, by which it was informed, "..though the 175 personnel (optees) were allocated provisionally to Uttarakhand, final allocation in respect of these employees is yet to be made by the Central Government. Once the list of employees of domicile category is finalised the combined list of employees to be allocated to Uttarakhand (both "optees" and "domicile" category) would be issued by the Central Government as on appointed day i.e. 09.11.2000. There will be no difference in the seniority position of the employees who are allocated either