Subsequently, their petitions were also dismissed.
It has been pointed out that the Combined Competitive Examination was held by the Public Service Commission for the four departments namely, Public Works Department, Irrigation Department, LSGED and Community Development Minor Irrigation Department.
Hence, these appeals.
They again submitted their representations and as numberaction was being taken, they preferred writ petitions before the High Court of Allahabad, Lucknow Bench as stated above.
By an interim order, the High Court directed the State Government to companysider their representations by a speaking order.
In the said case, facts were similar except that the appellant of that case was appointed on 25.8.1962 on ad hoc basis as Assistant Engineer in Irrigation Department.
On 5.9.1998, Government rejected their representations.
The Under Secretary, State of U.P. sent the list of candidates by letter dated 3.6.1971 who were working in other departments of U.P. Government and who were selected temporarily on the post of Assistant Engineer Civil in Irrigation Department to the Chief Engineer, Irrigation Department, Lucknow.
He has also produced on record Office Memorandum dated 17th August 1974 Annexure P 6 written by the Deputy Secretary to the Engineer in Chief, Irrigation Department, U.P. on the subject of transfer of services of Assistant Engineers working in Community Development Department being allotted to Irrigation Department on the basis of companypetitive examination shall be treated as transferred from that department which inter alia provides that their services on joining in Irrigation Department shall be treated as transferred from that department and shall also be companynted towards fixation in the same pay scale in Irrigation Department.
Annexure P7 is the letter dated 21.3.1974 sent by Deputy Secretary, UP Government to the Engineer in Chief, Irrigation Department, UP, Lucknow mentioning the names of selected candidates for appointment in Irrigation Department on regular basis on the permanent temporary posts of Assistant Engineers Civil on the basis of Combined Competitive Examination 1971 and their names are at Serial Nos.17, 13 and 23 respectively.
Appellant Vijay Kumar Sharmas name in the said list is at Serial No.14 specifying that he was working in Minor Irrigation Department.
In other appeal filed by JK Sharma, DPS Chauhan and RS Chauhan they were also selected and appointed in 1969 against the temporary post of Assistant Engineers on temporary basis in different departments of Irrigation Department.
Final seniority list was published on 28.4.1997 and in that list also, they were number given benefit of their past services despite the fact that 10 out of 14 other officers were given benefit of their earlier services and the present 4 appellants were left out.
In the seniority list which was prepared in 1991 by the Government, as their earlier services were ignored by the Department, appellants made representations to the Government.
He was selected and posted as Assistant Engineer in PWD on 01.1.1968.
AppellantsJK Sharma, DPS Chauhan and RS Chauhan were promoted as Executive Engineers on ad hoc basis in 1988 and Vinod Kumar Sharma was promoted to the said post in the year 1991.
For this purpose, he has relied upon the letter dated 08.8.1969 Annexure P3 which reveals that on the basis of the results of the Combined Competitive Engineering Services Examination held by the Public Service Commission, U.P. in the year 1968, the persons named therein were appointed against the regular temporary posts of Assistant Engineers on temporary basis, which includes the name of appellant Vinod Kumar Sharma.
Thereafter again he appeared in the Combined examination held by the Public Service Commission, UP in the year 1971 and was selected as Assistant Engineer in the Irrigation Department on regular basis.
Annexure P2 is the list published by Lok Seva Ayog Public Service Commission , U.P., which also includes the name of appellant Vinod Kumar Sharma at Serial No.64.
LITTTTTTTJ Question involved in these matters iswhether the appellants who were substantively appointed in different branches of the U.P. Services of Engineers by Combined Competitive Test companyducted by the Public Service Commission, P. are entitled to the benefit of their services in the said branches though subsequently they appeared in another companypetitive examination companyducted by Public Service Commission, UP and were appointed in the Irrigation Department against permanent post by way of transfer?
Shah, J. Leave granted.
And also whether they are entitled to tagging of the aforesaid service in view of the Government orders?
By a companymon judgment and order dated 24.4.2000, the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ dismissed the writ petition Nos.1219 SB and 1220 SB of JJJJJJJJJJJJJJJJJJJ 1998 filed by the appellants herein by holding that 1 the ratio of decision in Vijaya Kumar Shrotriya v. State of UP Ors.
The said letter Para 4 specifically mentions as under I have also been directed to say that the service of those Assistant Engineers who are being appointed in Irrigation Department and are presently working in PWD and LSGED, will be deemed to have been transferred from that department to Irrigation department and on joining Irrigation department the services rendered by these officers in PWD and LSGED will be companynted towards their services in Irrigation department and they will get the same pay which they were getting in their original departments.
Appellant was posted as Assistant Engineer in Minor Irrigation Department.
