State Of U.P. & Ors vs Maqbool Ahmad

The facts in nutshell may now be stated.

Pursuant to common selection held by the Uttar Pradesh Public Service Commission ("U.P.P.S.C." for short) in 1970, several persons were selected for appointment to the post of Assistant Engineer in various departments. The respondent herein opted for Irrigation Department whereas some selectees preferred to go to other departments including Public Works Department (PWD). The respondent joined the Irrigation Department on September 30, 1970. He initially worked at Lucknow and thereafter at Jaunpur. He continuously remained in Irrigation Department upto 1977. On November 4, 1977, with the approval of U.P.P.S.C., he was relieved from the Irrigation Department and joined Public Works Department without any break in service. It was the case of the respondent that since he was appointed in 1970 as Assistant Engineer and was not promoted as Executive Engineer, as per the policy of the Government, he was entitled to selection grade after completion of 16 years of service and suppertime scale after completion of 18 years of service. The respondent was, therefore, entitled to selection grade from 1986 and suppertime scale from 1988. He also stated that the Government of U.P. had issued Government Order (GO), dated October 15, 1968, wherein it was stated that where employees working in one department have been allocated to other department, the services rendered by them earlier would be counted for fixation of pay and they will be treated in continuous service of the Government. The respondent- workman, therefore, applied to the authorities to grant him selection grade and suppertime scale to which, according to him, he was entitled as he could not be promoted. The prayer of the respondent was, however, rejected on the ground that since he came by way of transfer in PWD in the year 1977, his case could be considered for suppertime scale provided he was not promoted within a period of 18 years from that date, i.e. from December, 1977. Since, the respondent was promoted as Executive Engineer in January, 1995, that is, before completion of 18 years from December, 1977, he was not entitled to suppertime scale. His claim was, therefore, negatived.

Being aggrieved by the said action, the respondent approached the High Court by filing a petition. Before the High Court, it was contended by the respondent herein that selection by the Uttar Pradesh Pubic Service Commission was common for Assistant Engineers in all Departments of the Government. After the common selection was held, some persons were allocated to Irrigation Department and some persons were sent to PWD. The respondent also asserted in his petition that several Assistant Engineers who were selected after him and had not been allocated to Public Works Department initially but were sent at a subsequent stage were held entitled to such benefit. In the writ petition itself, the respondent herein (petitioner before High Court) had given two names of such officers. He stated that one Shiv Kumar Shukla was appointed as Assistant Engineer in Government Polytechnic and thereafter was sent to Public Works Department and yet he was held entitled to selection grade as well as suppertime scale. Likewise, one R.K. Chaudhary was initially appointed as Assistant Engineer in Irrigation Department in 1973 and was subsequently allocated to Public Works Department and yet he had been granted the benefit of selection grade as also suppertime scale but the similar benefit was not allowed to the petitioner. The action was thus arbitrary, discriminatory and violative of Articles 14, 16, 23 and 39(d) of the Constitution.

The High Court on the basis of the pleadings of the parties and considering the facts of the case, observed that common selection was held by Uttar Pradesh Public Service Commission for Assistant Engineers. After they were selected by PSC, options were exercised by the employees either to go to Irrigation Department or to Public Works Department and the persons junior to the respondent herein (petitioner before the High Court) opted for PWD. They thereafter went to Irrigation Department and yet were held entitled to get selection grade or suppertime scale since there was stagnation for 16 or 18 years and could not be promoted. There was, therefore, no reason to deprive the respondent herein of similar benefit to which others were held entitled and the benefit could not be denied to similarly situated employee. Accordingly, the petition was allowed and the authorities were directed to grant benefit of selection grade to the respondent herein. Hence, the present appeal.

For the foregoing reasons, we see no ground to interfere with the order passed by the High Court. The appeal deserves to be dismissed and is hereby dismissed with costs.