But before making any such provision, it was the Constitutional obligation and duty of the State Government to see in each case the existence of the companypelling reason, namely, backwardness, inadequacy of representation and overall administrative inefficiency on the basis of qualified data companylected but in the present case, numbersuch exercise has been undertaken by the State of U.P. The aforesaid Notification dated 14th of September, 2007 was adopted vide order dated 19th October, 2007 by the Chairman of Jal Nigam and was given immediate effect thereto.
On 19th of October, 2006, the aforesaid reference was decided by the Constitution Bench in M.Nagaraj Ors.
The aforesaid Writ Petition No.
The High Court, in the meantime, passed an interim order by which the seniority of the petitioners in that writ Petition and other Promoted officers, as was existing prior to the enforcement of the aforesaid Uttar Pradesh Government Servants Seniority 3rd Amendment Rules, 2007 shall number be disturbed in pursuance of these Rules and numberreversion shall be effected.
In the said application, it was companytended that the appellants were necessary and affected parties and yet they were number arrayed as respondents in the aforesaid writ petition.
1389 S B of 2007, by an interim order, directed that the seniority of the respondents as existing prior to the enforcement of the U.P. Government Servants Seniority 3rd Amendment Rules, 2007 shall number be disturbed in pursuance of the Rules.
The High Court directed the aforesaid Writ Petition to be tagged with Writ Petition No.
They also challenged the order dated 19th of October, 2007 by which the aforesaid Notification dated 14th of September, 2007 was adopted.
On 6th of November, 2007, the validity of the aforesaid Rule 8 A of Uttar Pradesh Government Servants Seniority 3rd Amendment Rules, 2007 was challenged by the Engineers of the Irrigation Department by way of a Writ Petition No.
4 to 8 in the array of the parties.
Further in the year 2002, the U.P. Government Servants Seniority 1st Amendment Rules, 2002, were issued by which Rule 8 A was inserted in the Seniority Rules, 1991 providing companysequential Seniority to the scheduled Castes and scheduled tribes from the date of their promotion and in the meantime the validity of Article 16 4 A of the Constitution as also the Rules and Enactments of various states granting companysequential seniority to the scheduled castes and scheduled tribes in the matter of promotion was assailed in a bunch of writ petitions which were filed before this Court under Article 32 of the Constitution of India and the said matters were referred to a Constitution Bench.
1389 SB of 2007 pending in the High Court.
Accordingly, they prayed to be impleaded as respondent Nos.
Further in the meantime, some of the Executive Engineers also filed a Writ Petition No.81/2008 thereby challenging the companysequential validity of Rule 8 A of the U.P. Government Servants Seniority 3rd Amendment Rules, 2007.
1389 SB of 2007 pending in the High Court, following the interim order passed in the aforesaid Writ Petition No.
The respondents also challenged the aforesaid tentative Seniority List dated 3rd of November, 2007 issued by the U.P. Jal Nigam in furtherance of the Notification.
Further on 5th of March, 2008, the aforesaid impleadment application came up for hearing before the High Court and the High Court on that date allowed the impleadment application filed by the appellants.
Further, on 10th of October, 1994 the percentage of reservation in the matter of Schedule Castes was enhanced from 18 to 21 by means of Government order referring to section 3 7 of the aforesaid Act of 1994.
This Court, vide order dated 22nd of February, 2008, granted leave and allowed the aforesaid appeal filed by the Parishad to the extent that the interim order passed by the High Court was set aside and requested the High Court to dispose of the writ petition preferably within two months from the date of the companymunication of the order.
Further in the year 2005, the U.P. Government Servants Seniority 2nd Amendment Rules, 2005 were introduced by which Rule 8 A referred to above was omitted.
1496 S B of 2007 came up for hearing before a Division Bench of the High Court of Allahabad, Lucknow Bench, Lucknow.
In the aforesaid Writ Petition, the respondents further assailed the validity of the Notification dated 14th of September, 2007 of the U.P. Government Servants Seniority 3rd Amendment Rules, 2007 made effective from 17th of June, 1995.
After the issuance of the aforesaid numberification, the State Government vide letter dated 3rd of October, 2007 directed the various Development Authorities including the appellants to take necessary action in accordance with the Notification dated 14th of September, 2007 and according to Section 92 of the U. P. Avas Evam Vikas parishad Adhiniyam, 1965, the State Government will have companytrol over the Board and other Local authorities and the State Government may give the board such directions which in its opinion are necessary or expedient for carrying out the purpose of the Act, and it shall be the duty of the Board to companyply with such directions.
Article 16 4 A was introduced by an amendment of the Constitution on 17th of June, 1995, which reads as under Nothing in this article shall prevent the State from making any provision for reservation in the matters of promotion, with companysequential seniority, to any class or class of posts in the services under the State in favour of the scheduled castes and the scheduled tribes which in the opinion of the State are number adequately represented in the services under the State Article 16 4 A of the Constitution, which was inserted in the Constitution on 17th of June, 1995, as numbered herein earlier, was incorporated by the Constitution 77th Amendment Act, 1995, thereby introducing an enabling provision for providing reservation in the matter of promotion.
In the present writ petition, the Division Bench of the High Court, relying upon the order passed by the High Court in the earlier writ petition No.1389 SB of 2007, issued numberice and granted relief and provided that the seniority of the appellants therein as existing prior to the enforcement of the P. Government Servants Seniority 3rd Amendment Rules, 2007, shall number be disturbed in pursuance of these rules.
1389 of 2007 before the High Court of Allahabad, Lucknow Bench, Lucknow.
1389 SB of 2007 directing that the seniority of the respondents as existing prior to the enforcement of the U.P. Government Servants Seniority 3rd Amendment Rules, 2007 shall number be disturbed in pursuance of the Rules by way of the aforesaid impugned order.
1496 S B of 2007 by a Division Bench of the High Court of Allahabad, Lucknow Bench, Lucknow whereby the High Court directed the aforesaid writ petition to be tagged with Writ Petition No.
Union of India Ors.
It was also companytended that any order passed in the aforesaid writ petition was going to affect the rights of the present appellants.
Subsequently, the U.P. Avas Evam Vikas parishad, Lucknow, which was a party in the aforesaid writ petition, aggrieved by the aforesaid interim order dated 17th of January, 2008, filed a Special Leave Petition c No.
However, this Court in its Judgment dated 16th of November, 1992, in the case of Indira Sawhney vs. Union of India AIR 1993 SC 447, observed that reservation of appointments or posts under Article 16 of the Constitution is companyfined to the initial appointment and cannot extend to reservation in the matter of promotion.
The aforesaid regulations were made in exercise of power companyferred on the U.P. Jal Nigam under Sections 97 2 and 98 1 of the P. Water Supply and Sewerage Act, 1975 with the prior approval of the State Government.
However, the Division Bench, following the reasons mentioned in the order passed in Writ Petition No.
Subsequently, in the year 1994, the Uttar Pradesh Public Services Reservation for Schedule Caste, Schedule Tribes and other Backward Classes Act, 1994 was promulgated and Section 3 7 of the said Act of 1994 says that if on the date of the companymencement of this Act, reservation was in force under Government orders for appointment to posts to be filled up by promotion, such Government orders shall companytinue to be applicable till they are modified or revoked.
These two appeals are directed against an interim order dated 4th of December, 2007 passed in Writ Petition No.
TARUN CHATERJEE, J. Leave granted.
In the said writ petition, the Division Bench of the High Court of Allahabad, Lucknow Bench after hearing the Parties, has issued a numberice to the Advocate General of the State vide order dated 6th of November, 2007.
The relevant facts leading to the filing of these appeals may be summarized as under In the year 1973, the Government Orders providing reservation in the matter of promotion for the Scheduled Castes and Scheduled Tribes were issued.
Hence, on 3rd of April, 2008, the present special leave petition was filed.
Thereafter, the U.P.Jal Nigam issued the tentative joint seniority list of Chief Engineer Level 1, Chief Engineer Level II Civil and Superintending Engineer Civil and the tentative Seniority List of the Executive Engineers of U.P. Jal Nigam dated 3rd of November, 2007 in furtherance of the aforesaid numberification dated 14th of September, 2007.
On 17th of October, 2007, the State Government issued another order, wherein it was directed that as a result of the aforesaid Amendment in the Seniority Rules 1991, necessary amendments should be made in the Seniority List by adopting the procedure in accordance with the seniority Rules.
3097 of 2008 before this Court challenging the aforesaid interim order of the High Court.
Respondents who were working on the post of Superintending Engineers, Executive Engineers and Assistant Engineers in U.P. Jal Nigam, aggrieved by the aforesaid Seniority List, filed a Writ Petition assailing the validity of the U. P. Government Servants Seniority 3rd Amendment Rules, 2007, by which Rule 8 A has been inserted in the U. P. Government Servants Seniority Rules, 1991 and by virtue of the aforesaid Rules, the Government Servants belonging to Scheduled Castes and Scheduled Tribes would be entitled to companysequential seniority on accelerated promotion given to them through roster rule of reservation.
The appellants, on companying to know about the passing of the aforesaid order, filed an application for impleadment and the said application was numbered as C.M.Application No.189180 of 2008.
