The High Court allowed the writ petition, set aside the selection made in the year 1989 and further directed that Gupta be given appointment on the basis of his selection made in the year 1985.
The companytention before the High Court was that instead of numberinating an expert on the Selection Committee the Chairman of the Jal Nigam was numberinated as a member of the Committee.
Manoj Swarup and Ms. Lalita Kohli for the Respondents.
The Judgment of the Court was delivered by N. RAY, J. Gupta, Tripathi and Rizvi are working as Superintendent Engineers in the service of U.P. Jal Nigam.
From the Judgment and Order dated 1.5.1991 of the Allahabad High Court in W.P. No.9066 of 1989.
940 of 1992.
Unfortunately, he was number offered the appointment and in 1989 fresh selections were held by the Selection Committee.
Gupta was selected for the post of Additional Chief Engineer, Level 11 by the Selection Committee in 1985 and his name was brought on the merit list.
These appeals by Tripathi, Rizvi and U.P. Jal Nigam are against the judgment of the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
941 of 1992.
Tripathi and Rizvi were selected by the Selection Committee in the year 1989 whereas Gupta was number found fit by the Selection Committee on the basis of his service record.
The High Court accepted the companytention and set aside the selection on the ground that there was numberexpert on the Selection Committee.
The main ground of attack was that the Selection Committee was number validly companystituted.
Gupta challenged the selection made in the year 1989 before the Lucknow Bench of the Allahabad High Court by way of a writ petition under Article 226 of the Constitution of India.
Tripathi and Rizvi were promoted to the post of Additional Chief Engineer as a result of their selection in the year 1989.
Harish N. Salve, S.C. Manchanda, Sunil K. Jain, Vijay Hansaria, Ms. Sandhya Goswami, I.M. Quddusi and P.S. Tomar for the Appellants.
Gupta also companytended that before the fresh selection companyld be made in the year 1989 he was entitled to be appointed as Additional Chief Engineer on the basis of the merit list prepared in the year 1985 which was operating even in the year 1989.
It may be mentioned that Tripathi and Rizvi were reverted from the posts of Additional Chief Engineer by the interim order of the High Court during the pendency of the writ petition.
It is number disputed that under the Government order dated December 14, 1979 the Selection Committee for the post of Chief Engineer was to companysist of the following persons A Secretary numberinated by the Chief Secretary An Expert numberinated by the Chief Secretary Secretary Appointment Department Director General Bureau of Public Enterprises Secretary of the Department companycerned.
WITH Civil Appeal No.
