From:
Swatantra
Singh, HJS
Registrar General,
High Court of Judicature at
Allahabad.
To,
All
the District & Sessions Judges
Subordinate to the High Court of Judicature at
Allahabad.
No. PS(RG)/167/2007 Dated: Allahabad: August 24, 2007
Subject: Report,
decision taken on various representations regarding inter-se seniority along
with final seniority list of the Officers in the Uttar Pradesh Higher Judicial
Service.
Sir,
I
am directed to say that upon consideration of the matter dealing with inter-se
seniority of the officers in the Uttar Pradesh Higher Judicial Service, in its entirety, as well various
representations received in the matter, the Hon’ble Court has been pleased to
finalize the inter-se seniority of the officers in the Uttar Pradesh Higher Judicial
Service. The Hon’ble Seniority
Committee report alongwith decision on various representations in the matter
and final seniority list of the Officers in the Uttar Pradesh Higher Judicial Service, is available on
Court’s website (www.allahabadhighcourt.in).
You
are therefore, requested to kindly inform all officers in the justiciary under
your administrative control as well on deputation in the district. You are also
requested to visit the site, download the report; decision on the representations
and the final seniority list and circulate the same amongst all concerned in
the district under intimation to this Court by communication addressed to the
Registrar (Confidential), High Court of Judicature at Allahabad.
This be treated as
most instantaneous.
Yours faithfully,
Sd/-
(Swatantra Singh)
Report
of the Higher Judicial Service Seniority Committee of Hon'ble Dr. Justice B.S.
Chauhan, Hon'ble Mr. Justice R.K. Agarwal, Hon'ble Mr. Justice Sunil Ambwani,
Hon'ble Mr. Justice Ashok Bhushan & Hon'ble Mr. Justice S.S. Kulshrestha
The Committee was appointed by Hon'ble the Chief Justice to determine the seniority of the officers of the Higher Judicial Service, U.P.
The last seniority list was finalized by the Seniority Committee of Hon'ble Mr. Justice S.D. Agarwal, Hon'ble Mr. Justice V.K. Khanna, Hon'ble Mr. Justice V.N. Khare, Hon'ble Mr. Justice A.P. Mishra and Hon'ble Mr. Justice K.K. Birla (referred to as Justice S.D. Agarwal’s Committee). The report dated 29.04.1992 with seniority list, also decided individual objections. Since, thereafter for various reasons the seniority list could not be finalized.
Justice S.D. Agarwal’s Committee
finalized the seniority of 597 officers. Ten officers appointed subsequently
from bar were excluded from the list for the reason that the allocation of
substantive posts against their appointments was not feasible as the
appointment of promotees of 1988 batch was awaited from Government. It was
observed in the report that the seniority list of such officers, shall be
determined after the appointment of direct recruitment of 1988 batch. The
Committee reported, “the ten direct recruits of 1984 batch, since they were
appointed much subsequently, have not been included in List-B because their
seniority, vis-à-vis promotees from U.P. Nyayik Sewa, can be fixed only when
such promotees, who are officiating since before have been brought in their
quota in the list.”
Justice S.D. Agarwal’s Committee fixed the seniority in accordance with the law laid down and directions issued by Hon'ble Supreme Court in O.P. Garg Vs. State of U.P., AIR 1991 SC 1202 (hereafter referred to as O.P. Garg’s case). The final seniority list dated 06.05.1992 drawn in pursuance of Hon'ble Mr. Justice S.D. Agarwal’s Committee report was challenged by Shri K.N. Singh & others in writ petition No. 33297 of 1992 at Lucknow Bench of this Court. The Division Bench referred the matter to the Full Bench. Shri J.C. Gupta and Shri P.K. Jain, the direct recruits to HJS (before their elevation) also challenged the list in Writ Petition No. 30834 of 1992. A five Judges Bench of this Court heard the matter and dismissed both the writ petitions on 12.1.1999. The judgement is reported as K.N. Singh & Ors. Vs. State of U.P. & Ors. in 1999 Allahabad Law Journal 472. A special leave petition against the judgement was dismissed by Hon'ble Supreme Court.
In Ram Kishore Gupta Vs. State of U.P., AIR 1999 SC 2961 the Supreme Court considering the Full Bench judgement of this Court in the matter relating to allocation of vacancies to direct recruits held that in determining 15% ceiling of the direct recruit only permanent post in the cadre will be taken into consideration. According to Fill Bench judgment in the recruitment of 1984 in the quota for direct recruitment from Bar only 6 out of 10 selected candidates could be given appointment. The Supreme Court set aside the judgement of the High Court and upheld the appointment of four other direct recruits also, and observed that for their seniority, the proper course for the High Court is to determine the seniority of these persons on its administrative side. In doing so, the High Court will have to prepare, circulate, notify objections and finalize seniority of these persons in the light of law and decision of Supreme Court in O.P. Garg’s case including the decision given in that case as well as interim orders made by the Court in pursuance of which appointment of four persons were made. A judgement in Srikant Tripathi & Ors Vs. State of U.P. & Ors, AIR 2001 SC 3757 intervened. In this case a dispute between direct recruits and promotees in the cadre of U.P. Higher Judicial Service comprising of posts borne in Class-I U.P. Higher Judicial Service Rules, 1975 was under consideration. This case decided the issue of determination of vacancies. The Supreme Court gave a detailed directions in para 38 of the report regarding the determination of vacancies and the steps to be taken to fill up such vacancies.
The U.P. Judicial Service Association challenged the determination of vacancies made by the High Court in pursuance of Srikant Tripathi’s case. In this writ petition No. 316 of 2004 a Division Bench of this Court quashed the determination made by the Full Court on 01.2.2004 and gave certain directions for re-determination of vacancies. In a special leave petition against this judgement notices have been issued and the matter is pending for final hearing.
In the aforesaid background the Committee is called upon to decide the seniority of the officers in Higher Judicial Service and to draw a final seniority list, after inviting and deciding the objections.
In its first meeting dated 03.06.2006 the Committee considered the issues relating to the determination of seniority and directed the registry to undertake an exercise to provide details regarding vacancies, to be allotted to the members of the Judicial Officers cadre; the placement of the ten recruits in the gradation list in respect of whom Justice S.D. Agarwal’s Committee had observed that their placement in the gradation list shall be considered at a later stage; and allocation of each and every vacancy after 1984 batch showing the names of the officers, who held the post as also the officers to whom the vacancies are proposed to be allotted. The Committee then held its meetings on 08.07.2006; and on 03.08.2006 the Committee resolved that a Tentative Seniority List (TSL) drawn by the registry be circulated inviting objections from all the officers, if they so desire. In the meeting dated 09.09.2006 the objections were directed to be compiled and classified.
In the next meeting on 18.09.2006 it was reported that some of the officers were transferred to the State of Uttaranchal after reorganization of the State in the year 2000-01. Their names find place in TSL and that any determination of their seniority may affect their rights. The Committee directed the TSL to be circulated amongst those officers as well, inviting objections. On 23.09.2006 directions were given to allocate some of the vacancies, which were left out by the registry in respect of four vacancies on account of leave and deputation reserve. In the next meeting on 14.10.2006 the Committee took notice of the representations received from U.P. Judicial Officers Association through its President Shri S.K. Tripathi, requesting permission for oral hearing. The Committee resolved to give a representative hearing to both the officers promoted from U.P. Nyayik Sewa and appointed by direct recruitment. Five representatives of their association were permitted to appear with spokesperson of each side to address the Committee. On 31.10.2006 the Committee heard the representatives of both the promotees and the direct recruits. Shri S.K. Tripathi for promotees and Shri Vishnu Chandra Gupta for direct recruits addressed the Committee at length. Sri U.C. Tiwari also appeared before the Committee and placed his submissions.
The Committee then met on 14.12.2006 and 19.12.2006 and deliberated over the matter. The Committee identified the issues and resolves them as follows:
Issue
No.1. Whether the Seniority Committee should treat the matters for fixing
seniority in the report of Hon’ble Mr. Justice S.D.Agarwal’s Committee as
final, except the determination of seniority of 10 direct recruits left open?
The Committee found that the principals adopted by Justice S.D.Agarwal’s Committee have become final in view of five judges’ decision of this Court in K.N.Singh’s case affirming the seniority list, and decides to adopt the same principles, except the determination of seniority of 10 direct recruits left open for which for which Justice S.D.Agarwal’s Committee had deferred the issue of settlement of their seniority including the allocation of vacancies for 10 direct recruits.
Issue
No.2. Whether the promotees are entitled to seniority from the date
of availability of substantive vacancy
in their quota provided they are officiating on the date, irrespective of the
date of the officiation?
The Committee finds that this issue has been decided in O.P. Garg’s case and was followed by Hon’ble Mr. Justice S.D. Agarwal’s Committee. The promotees are entitled to seniority from the date of availability of substantive vacancies in their quota provided they were officiating on the date, irrespective of the date of their officiation in any capacity subject to condition that they are approved by Full Court for promotion under Rule 22(1) of the U.P.Higher Judicial Service Rules, 1975. This position shall, however, apply to only those promotees, who were promoted before the amendment (15th March, 1996) of Rule 26 of the U.P. Higher Judicial Service Rules, 1975. The seniority of the officers promoted after March 15th 1996, will be determined in accordance with the amended rules.
Issue
No.3. Whether the seniority of the direct recruits should be
determined from the date of joining in service?
This issue was considered in O. P. Garg's case. Justice S.D. Agarwal's Committee decided to follow the judgment to provide seniority of direct recruits from the date of their joining in service. The Committee found that some of the direct recruits were not allowed to join on account of interim orders passed by the Court. In all such cases, where appointments were restrained by the order of the Court, the direct recruit will be entitled to seniority from the date of passing of the restraint order. The Committee also noticed that Justice S.D. Agarwal's Committee had by its decision dated 27.4.1992 decided the objections of Shri V.K.Jain, a direct recruit of 1976 batch and had given this benefit to him. The appointment of Shri Jain, a direct recruit to the service was restrained by a stay order passed by the Court on 7.4.1978. The representation of Shri Jain was allowed and he was given seniority w.e.f. 7.4.1976. The Committee resolves to adopt the same principle.
Issue
No. 4 Whether the Judgment in O. P. Garg's case, giving quota to the direct
recruits in temporary vacancies also should be applied prospectively i.e. from
the date of judgement in O. P. Garg's case?
The Judgement in O. P. Garg's case had interpreted Rules of 1975 and has declared the Law. There was no direction in the Judgement that it will be applied prospectively. Justice S.D. Agarwal's Committee applied the judgement in O. P. Garg case retrospectively. This Committee also resolves accordingly.
Issue
No.5. Whether the direct recruits are entitled for their quota in the
temporary vacancies only after the amendment made in U.P. H.J.Rules, 1996
w.e.f. 15.3.96?
The promotees officers in their representation as well as in oral hearing has submitted that the quota of the direct recruits in the temporary vacancies be given only with effect from amendment in U.P.Higher Judicial Service Rules, 1975 that is w.e.f. 15.3.1996. Shri S.K. Tripathi submitted that the Rule 8 (2) provided for ceiling of 15 % of the total permanent strength of service. The Rule was amended in 1996 by which in proviso the words 15 % of strength of service was mentioned, thus direct recruits are not entitled for quota in the temporary vacancies from any date earlier to that. This issue was specifically considered and answered by the Apex Court in O. P. Garg's case. Rule 4 (4) of the 1974 Rules provided that the Governor may from time to time in consultation with the Court leave unfilled or held in abeyance any vacant post in the service without entitling any person to compensation or create from time to time additional post temporary or permanent as may be found necessary. The Apex Court in O. P. Garg's case held that even the creation of temporary post under Rule 4 (4) of 1974 Rules are an addition to the permanent strength of cadre as such form part of cadre. Thus according to law laid down by the Apex Court temporary post are addition to the permanent strength of the cadre. Under Rule 8 (2) proviso while determining the permanent cadre strength the temporary posts also have to be added. It is relevant to note that Rule 8 (2) proviso refers to the words permanent strength of the service and as per the judgment of the Apex Court (para 24 in O. P. Garg's case) permanent strength of service include both permanent post and temporary post. Thus while computing 15% ceiling to the quota of direct recruit both temporary post and permanent post have to be taken together as per law laid down by Apex Court in O. P. Garg's case. The amendments in Rule 8 (2) proviso in 1996, were made to give effect to pronouncement of the Apex Court made in O. P. Garg's case. Hence the submissions of promotees that temporary post need not to be added while determining the ceiling cannot be accepted by the Committee. One more reason for not accepting the said submission is that in O. P. Garg case Rule 22, which provided appointment to the direct recruits only against permanent post was struck down and it was held that direct recruits are entitled for quota both in permanent as well as temporary posts. The issue as such has to be answered in negative.
Issue No. 6 Whether direct recruits are entitled to batch wise seniority?
The Committee finds that Justice S.D. Agarwal's Committee did not accept this demand of direct recruits and that the arguments in this regard were turned down in five judges’ judgement in K.N. Singh’s case. This submission of direct recruits as such cannot be accepted.
Issue
No. 7 Whether the direct recruits are entitled to seniority by applying
principles of rotation in appointment according to their quota?
The Committee finds that Justice S.D. Agarwal's Committee did not accept the demand of direct recruits to apply principle of rotation in appointment according to their quota. The five judges’ Bench in K.N. Singh’s case (paras 18-20) also did not accept the submission. The Committee had decided that seniority of direct recruits should be determined from the date of their joining service. The direct recruits cannot be given seniority from any date prior to their birth in service. Rule 26 of UPHJS Rules, 1975 amended in 1996 provides for determination in accordance with the order of the appointment in service under Sub-Rule (1) (2) of Rule 22 of the Rules. The submission as such that the principle should be applied in respect of seniority the persons under consideration by the Committee cannot be accepted.
Issue
No. 8 Whether some of the direct recruits of 1982 and 1984 batches, who
could not join due to restraint orders passed by the Courts, are entitled to
seniority from any date earlier to their joining and if they are so entitled,
the date from which the seniority is to be given to them?
Shri Umesh Chandra Tiwari placed at Sl. No. 15 in TSL has made representation dated May, 5 2006 and additional representation on July 6, 2006 stating that he is direct recruit of 1982 batch, duly selected and appointed on 5.10.85 in a substantive vacancy allotted by the Court. There were 16 vacancies in all for direct recruits for which 12 direct recruits were selected from the Bar. Four Judicial Officers appeared in the examination. These Judicial Officers namely Shri Satish Kumar, Shri Umendra Nath Bansal, Shri Satya Narain Singh and Sri Ravindra Nath Verma were initially called for interview. The High Court did not select them under direct quota. They filed SLP and Writ Petition in the Supreme Court in which interim orders were passed in pursuance to which they were appointed. Hon'ble the Supreme Court then decided and dismissed all the writ petitions and special leave petitions on 11.10.84 and 24.11.84 and quashed their appointments. The interim orders were vacated and petitions were dismissed holding that as a member of U.P. Nyayik Sewa they were not entitled to appear in the quota for Advocates. In consequence, thereof, Shri U.C. Tiwari and three others were appointed as direct recruits against those four posts, which were occupied by four Judicial Officers. Sri U.C. Tiwari submits that he could not be appointed because of the interim orders passed, by which four Judicial Officers were appointed to these posts and consequently he should be given seniority from the date of the interim order or at least from the date when these four Judicial Officers were reverted. In between many promotees were appointed in Higher Judicial Service, who are shown senior to Shri U.C. Tiwari in TSL.
The Committee finds that the appointment of four Judicial Officers on the posts reserved in the quota of Advocates was not made by the High Court. They came to be appointed only by virtue of the interim orders passed by Hon'ble Supreme Court. These interim orders were ultimately vacated and four Judicial Officers were reverted. The appointments of Sri U.C. Tiwari and three other candidates could not be made only on account of interim orders passed by the Apex Court in favour of four Judicial Officers. In Dr. A.R. Sircar Vs. State of U.P. & Ors.(1993) Supp 2 SCC 734 the Supreme Court held in the matter of seniority of the teachers of State Medical Colleges under U.P. State Colleges Medical Teachers Services Rules, 1990 (Rule 20), “had it not been for the intervening stay order grated by the High Court in Writ Petition No. 1545 of 1986, the appellant would have been appointed long before the regularization of promotion of respondents 4 and 5 under the 1988 Rules. Respondents 4 and 5, who were instrumental in seeking the interim order from the High Court staying the implementation of the select list cannot be allowed to take advantage of their own wrong. The dismissal of their petition on July 14, 1989 goes to show that they have successfully blocked the regular entry of the appellant on a substantive vacancy of the year 1982-83 by filing an untenable writ petition. The interim order passed by the High Court kept the appellant out from securing a regular appointment on a substantive vacancy and in the meantime respondents 4 & 5 by virtue of the 1988 Rules secured regularization of their adhoc appointments as Professors of Medicine………. If the intervening stay order had not prevented the appellant’s appointment to the substantive vacancy, there can be no doubt that the appellant would have occupied that post earlier in point of time if Dr. Aggarwal was not prepared to join.” The same principle was adopted by S.D. Agarwal's Committee in V.K. Jain’s case (supra). The principle that no one should suffer on account of any action of the Court, which the Court did not later on approve, is a principle in equity, which comes to the aid of the person, who has suffered on account of such action. The Committee, therefore, finds substance in the representation of Shri U.C. Tiwari that he should be given seniority from the date, when four Judicial Officers appointed under interim order passed by the Court were appointed blocking the appointment of four candidates from the Bar including Shri Umesh Chandra Tiwari. However, Shri U.C. Tiwari and three others, who could not be appointed in the circumstances given above shall be placed just below 12 direct recruits of 1982 batch. They shall not be entitled seniority above them.
In 1984 batch there were 10 posts of direct quota, which were advertised for 1984 recruitment. The promotee officers filed writ petition in Lucknow Bench of this Court that all the 10 advertised posts cannot be allocated to direct recruits as they are beyond the 15% ceiling fixed the proviso to Rule 8 (2) of the Rules of 1975. The case of the promotees was that while determining 15% ceiling for the direct recruits only permanent posts have to be reckoned with and that since at the time there were only 311 permanent posts the quota could not be more than 27. 41 officers being already working hence not more than six could be appointed. An interim order was passed on 4.7.86 by the Lucknow Bench of this Court in Writ Petition No. 4373 of 1986, S.K. Tripathi Vs. State of U.P. By the said interim order the learned single Judge permitted appointment of only six persons and appointment of more than six persons was stayed. The said interim order was subsequently clarified on 18.9.1986. The interim orders dated 4.7.1986 and 18.9.1986 are quoted as follows: -
“Hon'ble
K. Nath, J.
Petitioner No. 1 Sri S.K. Tripathi is present in person. He
has filed the application for taking up the writ petition and the matter of
interim stay on the ground stated in the affidavit that the opposite parties
are expediting the appointment of direct recruitment from Bar to the H.J.S. and
there is every likelihood of making the appointment before 7.7.86, the date on
which the petition is due to be put up before the Court as endorsed by Sri
Sudhir Shanker on 3.7.1986. It is stated in the affidavit that writ petition
would became infructuous if the matter regarding stay is not heard today.
Consequently the matter is taken up.
Admit and put up for Orders on the interim stay application
on 7.7.1986. It is stated in para 2 of
interim relief application that not more than six persons can possibly be
appointed from amongst the advocates as direct recruits. It is directed that
till the matter taken up by the Court on 7.7.1986 the opposite parties, shall
be at liberty to appoint first six direct recruits in order of merit to the
U.P.Higher Judicial Service but shall not appoint any other direct recruit to
the said service.
A copy of the Order be given to the petitioners counsel on
payment of usual charges, if possible, today.
SD/-(K.Nath)
4.7.1986
Hon'ble K.Nath, J.
Hon'ble P.Dayal, J.
Sri Sudhir Shanker the learned counsel for the petitioner
says that he has received the copies of the counter affidavits on behalf of
opposite parties 3,4 and 5 and request for 15 days time to file rejoinder
affidavit on behalf of opposite party no.1, during the course of the day he will furnish the copies to the
petitioners learned counsel.
Sri J.Bjalla appears on behalf of opposite party no.3 and
says that the interim order dated 4.7.86 may be clarified to indicate that the
liberty to the opposite parties to appoint the first 6 direct recruits
according to law to the U.P.Higher Judicial Service may include the liberty to
appoint persons who are entitled to such appointment on the basis of
reservations. The prayer is absolutely fair and be clarified that the opposite
parties will be at liberty to appoint six direct recruits in accordance with
law applicable. The petitioners will have an opportunity of filing a rejoinder
affidavit. List the case immediately after 10 days. Till the date of next
listing, the interim order as clarified hereby shall remain in force. Sri
S.P.Shukla learned counsel for opposite parties 4 and 5 points out that
although he has filed a Vakalatnama on 4.8.1986 alongwith CMA No. 9980 and 9981
of 1986 and this Court had specifically ordered on 10.9.86 that his name be
printed on the cause list, the office has not done so. The bench secretary points
that the name of Sri S.P.Shukla has been entered on the file cover. The
Additional Registrar will call for the report from the persons concerned to
explain why the name of Sri S.P.Shukla has not been printed in the cause list
inspite of the circumstances indicated above. Let the report be placed on the
record of this case and will be considered on the next date. He will ensure
that in future the name of Sri S.P.Shukla is printed in the cause list.
SD/-(K.Nath)
Sd/-
P.Dayal
18.9.1986
The writ petition was ultimately allowed by full bench of this court vide its judgement dated 10.2.1987 with the directions that the respondents shall not appoint more that six candidates. The SLP filed in the Apex Court was ultimately allowed holding that judgement of the High Court is unsustainable; Ram Kishore Gupta Vs. State of U.P., AIR 1999 SC 2961. The Apex Court held that in view of O. P. Garg's judgement in which it was held that both the temporary and permanent service will be available for direct recruits, the decision of the High Court taking into consideration only permanent posts was unsustainable. The Apex Court further noted that during the pendency of proceedings 48 temporary posts were made permanent, which have to be added in the permanent cadre. An interim order was passed by the Supreme Court on 16.12.1987 directing that appointment be given to the four persons, in pursuance of which ultimately four persons were given appointment. It is to be noted that according the interim orders of High Court six persons were entitled under their quota could be appointed. There was no restraint order in so far as six direct recruits of 1984 batch are concerned. The fact that their appointments were not made by the State Government was not on account of interim order, which did not stay their appointments. The delay caused by the State Government for what ever reasons they may be, can not be a ground to give seniority to these persons from a date prior to the date they actually joined. The four persons, however, restrained from being appointed are entitled to get seniority from the date of the restraint order. Since six persons in their batch could be appointed in December 1986, these four persons also can not be given seniority from any date prior to that date. They will have to be placed just below the six persons of their batch. The seniority of the four direct recruits namely Sri Shiv Murti Pandey, Sri Girish Chandra Awasthi, Sri Ram Kishore Gupta and Sri Pooran Singh shall be accordingly refixed. They shall be placed immediately, below the six direct recruits of their batch.
Issue
No. 9 Whether due to increase in the vacancies for direct recruits in 1988
batch on account of inclusion of temporary vacancies in pursuance on O. P.
Garg's case, the promotees are entitled to any increase in the vacancy in their
quota in the subsequent batch?
The Committee find that on the increase in the vacancies for direct recruits in 1988 batch, in view of O. P. Garg's case, the promotees were given proportionate increase in number of their quota and that they have received promotions accordingly.
Issue
No. 10 Whether the promotees are entitled to claim seniority according to
their quota and that the application of rota should be rearranged according to
their quota?
The Committee has not accepted this argument for direct recruits and for same reasons the submission made by promotees, for giving them seniority to their quota by applying rotation cannot be accepted.
Issue
No. 11 Whether the members of Nyayik Sewa, who have been promoted but have
not been approved so far by the Full Court, are entitled to reckon their
seniority, and if yes, from which date?
The Committee has found that 11 persons namely Sri Vijay Kumar Srivastava (Sl. No. 3), Shri Shital Singh (Sl. No. 17), Shri Shriraj Singh (Sl. No. 55), Shri Ram Kailash Shukla (Sl. No. 66), Shri Mohd. Athar (Sl. No. 72), Smt. Sushma Kumari Solanki (Sl. No. 85), Shri Subedar Singh Nimesh (Sl. No. 113), Shri Umesh Chandra II (Sl. No. 1237), Shri Yashpal Luckria (Sl. No. 1597), Shri Madan Chandra Gupta (Sl. No. 161) and Shri Shiv Kumar Singh Sengar (Sl. No. 173), placed in TSL have not been approved by the Full Court so far. Their placement in the seniority list shall be considered after their approval by the Full Court.
Issue
No. 12 Whether the direct recruits are entitled to the earlier vacancies
than there are allotted to them in TSL and whether some of the promotees have
been given vacancies earlier to which they were entitled?
The Committee finds that seniority of 10 direct recruits was not fixed by Justice S.D. Agarwal's Committee as the corresponding members of Nyayik Sewa were not available at that time. The Committee find that direct recruits were entitled to their vacancies in their quota at the relevant time. Those promotees in turn, who have occupied these vacancies are entitled for allocation of the vacancies in their own quota. We, however, clarify that this allocation of vacancies shall not affect those persons, whose seniority was determined by Justice S.D. Agarwal's Committee.
Issue
No. 13 Whether the promotees or direct recruits are entitled for benefit of
fixation in their seniority due to long delay in the recruitment?
The Committee does not find any merit in the argument that promotees or direct recruits are entitled to benefit of fixation of their seniority due to long delay in the recruitment. The delay in recruitment cannot be a ground for giving seniority from any date earlier than they are entiled under the statutory rules.
Having settled the issues, which arise from the submissions made on behalf of promotees and direct recruits, the Committee proceeds to decide individual objections, of the members of Higher Judicial Services after taking into consideration the relevant records. The decisions taken separately on each of the objections will from part of our record.
The Committee has accordingly drawn final seniority list after Shri S.K. Ratoori placed at SL. No. 305 of List – B of Hon'ble Mr. Justice S.D. Agarwal's report. Let the report be placed before Hon'ble the Chief Justice for appropriate orders.
Sd/- Sd/- Sd/- Sd/- Sd/-
(S.S. Kulshrestha)
(Ashok Bhushan) (Sunil Ambwani) (R.K. Agarwal) (B.S. Chauhan)
19.03.2007 19.03.2007 19.03.2007
19.03.2007 19.03.2007
In
pursuance of circulation of tentative seniority list among the officers of U.P.
Higher Judicial Service objections have been received. These objections are
being disposed of as under: -
A. Objections preferred by officers of Higher Judicial
Service directly recruited from Bar -
1. Sri U.C. Tiwari, placed at Sl. No. 15 in
the TSL has preferred his objections (page nos. 8-15 of the compilation). The
grounds mentioned by him in brief are as under: -
1. TSL has
not been drawn in accordance with principles followed by the earlier committee.
2. He should
be placed alongwith his batch mates appointed earlier and given vacancy of 1982
batch.
2. Officers
not appointed under Rule 22 (1) are not entitled to seniority on continuous
officiation basis.
3. V.K. Verma
has been placed senior to him without any opportunity of hearing.
4. He could
not join because of stay order, therefore, his date of joining should be the
date of stay order in view of law laid down in A.R. Sircar Vs. State of UP 1992
ALJ 893 and Pilla Sitaram Patrudu Vs. UOI JT 1996 (4) SC 731.
5. Date of
joining of 10 Direct Recruits of 1984 batch be taken as 4-7-1986 i.e. the date
of stay order.
6. Wrong
allocation of vacancies to Direct Recruits.
7. Fresh
seniority list be prepared after serial number 305.
Sri U.C.
Tiwari, a selected candidate by way of Direct Recruitment from Bar of 1982
H.J.S. Recruitment Batch was appointed as Additional District & Sessions
Judge under Rule 22 (1) of U.P.H.J.S. Rules, 1975 alongwith similarly selected
candidates Sri Narendra Singh (Sl. No.13 of TSL), Sri Krishna Kumar-III (Sl.
No.14 of the TSL) and Sri Udhao Singh
(Sl. No. 16 of the TSL) vide Govt. notification dated 1.10.1985. In view of
decision taken by the Committee on Issue Nos. 1, 3 & 8 these four officers
are entitled to be placed at Sl. Nos. 1 to 4 of the seniority list, in the
order in which their names stand in the appointment order, officers occupying
these places are to be down placed in the seniority list, the representation of
Sri U.C. Tiwari is decided accordingly.
2.
Sri
Nirvikar Gupta, placed at Sl. No. 45 of the TSL has preferred his
objections (page nos. 521-526 of the compilation). The grounds mentioned by him
in brief are as under: -
1.
TSL is not complete in as much as the vacancies allocated
to the JOs have not been shown.
2.
TSL has not been prepared in accordance with principles
adopted by the earlier seniority committee chaired by Hon’ble Mr. Justice S.D.
Agarwal.
3.
Vacancies reserved for 10 Direct Recruits of 1984 batch by
the earlier seniority committee have been wrongly disturbed and allotted to
other officers.
4.
5 vacancies to the 5 left over Direct Recruits of 1982
batch should be allotted from amongst the vacancies available for 1982 batch.
5.
After so allotting vacancies the seniority of these 5
Direct Recruits has to be fixed.
6.
Vacancies already allocated by the Hon’ble Court have been
changed and different principles have been applied in preparing the TSL
7.
Dates of joining of Direct Recruits of 1984 batch are also
incorrect.
8.
According to him he was prevented to join service by
virtue of stay order dated 4-7-1986, which was vacated later on hence his date
of joining should be taken as 4-7-1986 and not the actual date of joining in
view of law laid down by the Hon’ble Apex Court in A.R. Sircar Vs. State of UP 1992
ALJ 893 (SC) and Pilla Sitaram Patrudu & Others Vs. Union of India JT 1996
(4) SC 731.
9.
For completing list B principles for preparing further
seniority list have been enclosed with the objections.
10. Separate
calculations for batch 1976, 1978, 1980, 1982, and 1984 have also been filed.
Sri
Nirvikar Gupta and nine other members of Bar were approved for their
appointment in U.P.H.J.S. in the quota of Direct Recruits from Bar vide Full
Court resolution dated 24.8.1985. Names of these ten selected candidates were
sent to the Govt. for issuing necessary notification for their appointment. Out
of ten six such selected candidates were appointed by the State Government as
Additional District & Sessions Judge under Rule 22 (1) of the said Rules
vide Govt. notification dated 6.11.1986. Appointment of four selected
candidates could not be made due to stay order dated 4.7.1986 passed by the
High Court in Writ Petition No. 4373 of 1986, S.K. Tripathi Vs. State of U.P.
So far as the grounds taken by
Sri Gupta in support of his claim for seniority are concerned these grounds
have been considered by the Committee while deciding Issue No. 8. In view of
decision taken by the Committee on Issue Nos. 3 & 8 claim of Sri Gupta for
seniority from the date of the stay order dated 4.7.1986 cannot be accepted,
his objections are decided accordingly.
3.
Sri V.P.
Singh-II, placed at Sl. No. 48 of the TSL has preferred his
objections (page nos. 1907-1911 of the compilation). The grounds mentioned by
him in brief are as under: -
1. He is a
Direct Recruit of 1984 batch, his joining was delayed due to stay order dated
4-7-1986 and he was allowed to join on 17-12-86.
2. On the
principle of rota and quota he should have been placed along with 34 officers
promoted in the year 1984 and he should be placed above those officers who were
promoted beyond strength either in the year 1984 or 1985
3. His
seniority should be determined in accordance with UP Government Servant
Seniority Rules, 1991.
4. He has
requested that his seniority be fixed accordingly
Sri V.P. Singh-II is a Direct
Recruit from Bar of 1984 Recruitment Batch. He was also appointed alingwith Sri
Nirvikar Gupta vide Government notification dated 6.11.1986.
So far as the grounds taken by
Sri Singh in support of his claim for seniority are concerned, these grounds
have been considered by the Committee while deciding Issue No. 8. In view of
decision taken by the Committee on Issue Nos. 2,3 & 8 claim of Sri Singh
for seniority from the date of the stay order dated 4.7.1986 cannot be accepted.
Sri Singh has also sought
support for his claim for seniority with the help of U.P. Government Servant
Seniority Rules, 1991. This ground also lacks merit as these rules have been
framed by the State Government under Article 309 of the Constitution. These rules
have not been made in consultation with the High Court. In view of provisions
contained in Article 233 these rules cannot have any application with regard to
determination of seniority of Judicial Officers.
Objections of Sri V.P. Singh-II
are decided accordingly.
4.
Sri G.C.
Awasthi, placed at Sl. No. 107 of the TSL has preferred his
objections (page nos. 56-74 of the compilation). The grounds mentioned by him
in brief are as under: -
1.
He has prayed that 10 Direct Recruits of 1984 batch be
given seniority w.e.f. 4-7-1986.
2.
According to him calculation and allocation of vacancies
are wrong and improper.
3.
On 4-7-1986 in WP No. 4373 of 1986 filed by Srikant
Tripathi appointments of last four candidates of Recruitment batch 1984 were
stayed. These four candidates were appointed vide order dated 16-12-1987 of the
Hon’ble Apex Court passed in C.A. No. 4010 of 1987.
4.
He has claimed that his date of appointment be reckoned as
4-7-1986.
5. He has further stated that Officers of UP Nyayik Sewa who were promoted in HJS after 4-7-1986 cannot be ranked senior to him and 9 other Direct Recruits of 1984 batch.
6. According to him 5 Direct Recruits of 1982 batch appointed in October 1985 has to be allocated vacancies which were available in the quota of DR of 1982 batch.
Sri G.C. Awasthi alongwith Sri
Shiv Murti Pandey (TSL No. 106), Sri Ram Kishore Gupta (TSL No. 108) and Sri
Pooran Singh (TSL No. 109) could not be appointed alongwith Sri Suresh Chadra
Dixit and five others against the vacancies of the quota of Direct Recruits for
Recruitment Batch 1984 though their names were recommended to the Government.
These four selected candidates could get their appointments in pursuance of
interim order dated 16.12.1987 passed by the Hon'ble Apex Court in Civil Appeal
No. 4010/1987- Ram Kishore Gupta Vs. State of U.P. Their appointments under
Rule 22 (1) of the said Rules were made by the Government vide Government
notification dated 15.1.1988.
In view of decision taken by the
Committee on Issue Nos. 3, 8 & 12 names of Sri Awasthi and three others are
to be placed below Sri Ram Das (Sl. No. 49 of the TSL), officers occupying
these places are to be down placed in the seniority list. Objections of Sri
G.C. Awasthi in respect of his claim for seniority are decided accordingly.
5.
Sri V.K.
Mathur, placed at Sl. No. 253 of the TSL has preferred his
objections (page nos. 433-443 of the compilation). The grounds mentioned by him
in brief are as under: -
1. The
seniority of Direct Recruits of 1988 batch be fixed on the basis of rotational
system and 48 officers of UPNS (Sl. Nos. 206 to 252) cannot be placed above the
DRs of 1988 batch.
2. The DRs
of 1982 and 1984 batch cannot be placed below any promotee officer of
subsequent batch.
3. 84
vacancies created vide G.O. dated 10-7-1987 and 4 posts created vide G.O. dated
31-12-90 be excluded from the cadre strength of 1988 batch.
4. Rule 20
has not been followed in appointment of the officers of UP Nyayik Sewa in 1988
batch.
5. The
appointments made under Rule 22(3) and 22(4) not to be treated on substantive
post.
6. For
fixation of seniority of 1988 batch provisions of amended Rule 26(1) will
apply.
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by him in support of his
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the
grounds raised by him also appear to be without substance in view of law laid
down in O.P. Garg’s case.
The ground raised by Sri Mathur
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1) (a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
be determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly.
6.
Sri
Dinesh Gupta, placed at Sl. No. 254 of the TSL has preferred his
objections (page nos. 1051-1058 of the compilation). The grounds mentioned by
him in brief are as under:
1. The
seniority of Direct Recruits of 1988 batch be fixed on the basis of rotational
system and 48 officers of UPNS (Sl. Nos. 206 to 252) cannot be placed above the
Direct Recruits of 1988 batch.
2. The DRs
of 1982 and 1984 batch cannot be placed below any promotee officer of
subsequent batch.
3. 84
vacancies created vide G.O. dated 10-7-1987 and 4 posts created vide G.O. dated
31-12-90 be excluded from the cadre strength of 1988 batch.
4. Rule 20
has not been followed in appointment of the officers of UP Nyayik Sewa in 1988
batch.
5. The
appointments made under Rule 22(3) and 22(4) not to be treated on substantive
post.
6. For
fixation of seniority of 1988 batch provisions of amended Rule 26(1) will
apply.
7. He be
placed after Sri Chhote Lal (NS) and Sri R.K. Srivastava (JO) and above Sri R.P
Singh (NS) and Sri Pal (JO).
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds raised by him in support of his
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the
grounds raised by him also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202.
The ground raised by Sri Gupta
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1) (a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
the determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly and his
request for placement is rejected.
7.
Sri A.K.
Srivastava-III, placed at Sl. No. 255 of the TSL has preferred his
objections (page nos. 1395-1402 of the compilation). The grounds mentioned by
him in brief are as under:
1. He is a
Direct Recruit of 1988 batch and his name was recommended for appointment vide
Full Court Resolution dated 6-4-91 and 25-7-92.
2. The State
Government instead of making appointment in order of rota have issued separate
notifications.
3. Seniority
of Officers of his batch should be fixed as per rota quota rule.
4. Out of
182 promotee officers last 76 officers are not entitled to be considered for
fixation of seniority with Direct Recruits of 1988 batch.
5. Appointment
of 9 Direct Recruits including objector was stayed under stay order dated
28-5-92, objector is entitled to benefit of seniority for the period of stay as
has been allowed to Sri V.K. Jain, Direct Recruit of 1976 batch.
6. He is
entitled to be placed below Sri J.S.P. Singh (NS) and above Sri Swaroop Lal
(NS).
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by him in support of his
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the
grounds raised by him also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202.
He also claims seniority from
the date of stay order dated 28.5.1992 passed in Writ Petition No. 3118 of
1992, the appointment of promotee officers recommended with the Direct Recruits
of 1988 H.J.S. Recruitment were also stayed by the High Court on 13.7.1992. As
appointments from both the streams were stayed and the Writ Petition filed by
Sri S.K. Tripathi has been allowed by the Hon'ble Apex Court vide judgment
dated 7.9.2001 reported in AIR 2001 Supreme Court 3757 no notional seniority
can be given to Sri A.K. Srivastava-III. His objections are decided accordingly
and his request for placement is rejected.
8.
Dr.
Manjoo Nigam, placed at Sl. No. 256 of the TSL has preferred her
objections (page nos. 998-1006 of the compilation). The grounds mentioned by
her in brief are as under: -
1. She has stated
that the TSL has been prepared against the principles settled by the earlier
seniority committee chaired by Hon’ble Mr. Justice S.D. Agarwal and is also
against rules, law and pronouncement of Hon’ble Apex Court.
2. She is a
Direct Recruit of 1988 batch and Recruitment period of her batch was 1-1-1988
to 31-12-1990.
3. 218
officers of Nyayik Sewa and 18 officers of J.O. service and 24 members of Bar
were recommended for appointment under Rule 22 (1) in UP HJS. Names of 48
Officers of Nyayik Sewa were also recommended by the Full Court to be appointed
in UP HJS against the vacancies occurred between 1-1-91 to 31-12-92.
4. Seniority
of her batch is to be determined as per amended rule 26.
5. Names of
09 advocates including her were recommended by the Full Court on 6-4-1991 for
their appointment but they could not be appointed due to stay order 28-5-1992
passed by Hon’ble Court in WP No. 3118/1992 S.K. Tripathi Vs. State of UP. The
said writ petition was dismissed, therefore, she is entitled to get her
seniority be counted from the date of stay order i.e. 28-5-1992 as was done in
respect of Sri V.K. Jain Direct Recruit of 1976 batch.
6. While
determining seniority provisions of Rules 20, 22 (1) (2) have to be followed
and seniority has to be determined Recruitment year wise and no benefit of
officiation can be given if vacancy was not available in the quota.
7. The
present committee has to consider entire substantive vacancies of 1984 and 85
Recruitment, which come to 75. Out of these vacancies respective quota of each
source has to be allocated and 22 promotee officers have to be pushed
down.
8. Her
seniority has to be determined along with the promotee officers on the basis of
rota
9. She has
requested that she be placed after Sri Jai Shanker Prasad (NS) and Sri Jai Ram
Mishra (JO).
She is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by her in support of her
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the
grounds raised by her also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202.
She has also claimed seniority
from the date of stay order dated 28.5.1992 passed in Writ Petition No. 3118 of
1992, the appointment of promotee officers recommended with the Direct Recruits
of 1988 H.J.S. Recruitment were also stayed by the High Court on 13.7.1992. As
appointment from both the streams were stayed and the Writ Petition filed by
Sri S.K. Tripathi has been allowed by the Hon'ble Apex Court vide Judgment
dated 7.9.2001 reported in AIR 2001 Supreme Court 3757 no notional seniority
can be given to Dr. Manjoo Nigam.
The ground raised by Dr. Nigam
that her seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1) (a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
the determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. Her objections are decided accordingly and her
request for placement is rejected.
9.
Sri S.N.
Mishra, placed at Sl. No. 257 of the TSL has preferred his
objections (page nos. 1232-1244 of the compilation). The grounds mentioned by
him in brief are as under: -
1. The
seniority of Direct Recruits of 1988 batch be fixed on the basis of rotational
system and 48 officers of UPNS (Sl. Nos. 206 to 252) cannot be placed above the
Direct Recruits of 1988 batch.
2. The DRs
of 1982 and 1984 batch cannot be placed below any promotee officer of
subsequent batch.
3. 84
vacancies created vide G.O. dated 10-7-1987 and 4 posts created vide G.O. dated
31-12-90 be excluded from the cadre strength of 1988 batch.
4. Rule 20
has not been followed in appointment of the officers of UP Nyayik Sewa in 1988
batch.
5. The
appointments made under Rule 22(3) and 22(4) not to be treated on substantive post.
6. For
fixation of seniority of 1988 batch provisions of amended Rule 26(1) will
apply.
7. He has
prayed that his seniority be fixed below Smt. Sushma Kumari Solanki and one
officer of J.O. service and above Sri V.B. Rai.
He is a Direct Recruit of 1988 H.J.S.
Recruitment Batch. So far as the grounds stated by him in support of his claim
for seniority are concerned, these appear to be without substance in view of
decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the
grounds raised by him also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202.
The ground raised by Sri Mishra
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1) (a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
the determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly and his
request for placement is rejected.
10.
Sri
Surendra Kumar, placed at Sl. No. 258 of the TSL has preferred his
objections (page nos. 760-771 of the compilation). The grounds mentioned by him
in brief are as under: -
1.
The seniority of Direct Recruits of 1988 batch be fixed on
the basis of rotational system and 48 officers of UPNS (Sl. Nos. 206 to 252)
cannot be placed above the Direct Recruits of 1988 batch.
2.
The DRs of 1982 and 1984 batch cannot be placed below any
promotee officer of subsequent batch.
3.
84 vacancies created vide G.O. dated 10-7-1987 and 4 posts
created vide G.O. dated 31-12-90 be excluded from the cadre strength of 1988
batch.
4.
Rule 20 has not been followed in appointment of the
officers of UP Nyayik Sewa in 1988 batch.
5.
The appointments made under Rule 22(3) and 22(4) not to be
treated on substantive post.
6.
For fixation of seniority of 1988 batch provisions of amended
Rule 26(1) will apply.
7.
He has requested that he be placed after Sri Md. Razi
Siddiqui (NS) and Sri P.S. Mahi (J.O.) and above Sri K.P. Mishra (NS).
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by him in support of his
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the
grounds raised by him also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202.
The ground raised by Sri Kumar
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
the determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly and his
request for placement is rejected.
11.
Sri Anil
Kumar Agarwal, placed at Sl. No. 259 of the TSL has preferred his
objections (page nos. 1795-1812 of the compilation). The grounds mentioned by
him in brief are as under:
1.
The seniority of Direct Recruits of 1988 batch be fixed on
the basis of rotational system and 48 officers of UPNS (Sl. Nos. 206 to 252)
cannot be placed above the Direct Recruits of 1988 batch.
2.
The DRs of 1982 and 1984 batch cannot be placed below any
promotee officer of subsequent batch.
3.
84 vacancies created vide G.O. dated 10-7-1987 and 4 posts
created vide G.O. dated 31-12-90 be excluded from the cadre strength of 1988
batch.
4.
Rule 20 has not been followed in appointment of the
officers of UP Nyayik Sewa in 1988 batch.
5.
The appointments made under Rule 22(3) and 22(4) not to be
treated on substantive post.
6.
For fixation of seniority of 1988 batch provisions of
amended Rule 26(1) will apply.
7.
He has requested that his name be placed below Sri A.P.
Misra (NS) and Sri R.K. Gupta (JO) and above Sri Sher Singh (NS) and Sri Mahesh
Chandra-II (JO).
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by him in support of his
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the
grounds raised by him also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202.
The ground raised by Sri Agarwal
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
the determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly and his
request for placement is rejected.
12.
Sri Nand
Lal Agarwal, placed at Sl. No. 260 of the TSL has preferred his
objections (page nos. 1217-1230 of the compilation). The grounds mentioned by
him in brief are as under:
1.
The seniority of Direct Recruits of 1988 batch be fixed on
the basis of rotational system and 48 officers of UPNS (Sl. Nos. 206 to 252)
cannot be placed above the Direct Recruits of 1988 batch.
2.
The DRs of 1982 and 1984 batch cannot be placed below any
promotee officer of subsequent batch.
3.
84 vacancies created vide G.O. dated 10-7-1987 and 4 posts
created vide G.O. dated 31-12-90 be excluded from the cadre strength of 1988
batch.
4.
Rule 20 has not been followed in appointment of the
officers of UP Nyayik Sewa in 1988 batch.
5.
The appointments made under Rule 22(3) and 22(4) not to be
treated on substantive post.
6.
For fixation of seniority of 1988 batch provisions of
amended Rule 26(1) will apply.
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by him in support of his
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the
grounds raised by him also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202.
The ground raised by Sri Agarwal
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
the determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly.
13.
Sri
S.V.S. Rathore, placed at Sl. No. 261 of the TSL has preferred his
objections (page nos. 416-429 of the compilation). The grounds mentioned by him
in brief are as under: -
1.
While allocating quota against temporary and permanent
posts, the 84 posts of leave and deputation reserve created by notification no.
3920/7-Sub-ordinate Courts-350/84 dated July 10, 1987, cannot form part of
cadre strength for allocation of quota and seniority as these 84 posts were
ex-cadre posts.
2.
Apart from these 84 posts, four posts, which were created,
vide G.O. No. 4218/Saat-Nyaya-1-69/90 dt. 31.12.90 have also to be excluded as
no appointment on these posts could have been made up to 31.12.1990. Thus cadre
strength for 1988 batch comes to 508, which has been found by the Selection
Committee.
3.
The Direct Recruits of 1988 batch have to be placed in
rotation with the 218 officers of the N.S. who were substantively appointed
vide notification dated 05.04.1994.
4.
The 48 officers, who were appointed by a separate
notification dated 05.04.1994 (From Sri Ami Chand to Sri Zamir Uddin), cannot
be placed with the Direct Recruits of 1988 batch because their appointments
were not against vacancies available for 1988 batch they were appointed against
the period enhanced for promotee officers only up to 31.12.1990
5.
The promotee officers appointed under rule 22(3) and 22
(4) can not be considered for seniority as has been decided by the Hon’ble
Supreme Court in S. K. Tripathi Case (2001) SCC 237.
6.
The Seniority for 1988 batch has to be determined in view
of allocation of vacancies and in the order of rotation. So the Direct Recruits
of 1988 batch have to be rotated from Sri Om Pal Singh, whose name appears at serial
no. 1 in the notification dated 05.04.1994.
7.
Direct Recruits of 1988 batch also claim that the period
for which their appointments were delayed due to stay order be also excluded
and they should be deemed to have been appointed on the date when the stay
order was passed.
8.
Direct Recruits at Sl. Nos. 263, 273 and 276 of the
circulated list also claim seniority within their batch.
9.
For Recruitment of 1988 batch vacancies up to 31.12.1990
will be available for sharing and only 70% would go to the promotee officers.
Other promotee officers, working in quota of Direct Recruits or J.Os will have
to be pushed down and any promotee officer working in excess of 70% quota
cannot claim seniority D. Ganesh Rao Patnayak and others Vs. State of Jharkhand
and others (2005) 8 SCC page 454.
10. In a
block period all the vacancies whether permanent or temporary will be
calculated for working out quota as proviso to Rule 8 talks of total permanent
strength and not of permanent posts only as clarified in O.P. Garg Case and S.K.
Tripathi Case.
11. The
seniority would be, in order of appointment as contemplated under Rule 22 (2)
otherwise inter-se seniority of the same batch will be disturbed.
12. In view
of S. K. Tripathi Case, the date of joining will be treated as the date of
appointment and any inaction or omission on the part of the State Government,
in not adhering to Rule 22 (2), would affect the legal consequences available
under rule. Seniority cannot be determined under the old rules. The promotees
will get seniority only after their selection under Rule 20 and not before any
date anterior to that. Admittedly none of the promotee officer working under
Rule 22(3) had undergone selection under Rule 20.
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by him in support of his
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 1,2,3,5,7 & 9. Rest of the
grounds raised by him also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202.
The ground raised by Sri Rathore
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
be determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly.
14.
Sri S.K.
Saxena, placed at Sl. No. 262 of the TSL has preferred his
objections (page nos. 1647-1660 of the compilation). The grounds mentioned by
him in brief are as under:
1.
He
is a Direct Recruit of 1988 batch. For Recruitment of 1988 batch vacancies
existing or occurred in 1988 and 1989 should be counted and only those
promotees who have been appointed under Rule 22 (1) against the vacancies of
1988 batch could be placed with the Direct Recruits of 1988 batch and they be
placed in accordance with Rule 22 (2) as per rota.
2.
Officers
promoted under Rule 22 (3) and 22 (4) cannot claim the benefit of officiation
until they are appointed under Rule 22 (1) in view of S.K. Tripathi’s case.
3.
Seniority
of Direct Recruits should be determined in order of appointment as per amended
Rule 26.
4.
84
posts of leave and deputation reserve will be counted for Recruitment batch
1990 since these posts have become permanent w.e.f. 1-1-91.
5.
Four
posts of HJS created vide GO dated 31-12-90 cannot be computed for Recruitment
batch 1990.
6.
Lucknow
Bench of Hon’ble Court in UP JSA’s case has set aside the report of Hon’ble
Committee chaired by Hon’ble Mr. Justice S.N. Agarwal, now no part of that report
cannot relied for working out the permanent strength.
7.
He
has requested that seniority list be drawn afresh in the light of submission
made above.
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by him in support of his
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the
grounds raised by him also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202.
The ground raised by Sri Saxena
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
be determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly and his
request for placement is rejected.
15.
Sri K.U.
Khan, placed at Sl. No. 263 of the TSL has preferred his
objections (page nos. 1995- 2006 of the compilation). The grounds mentioned by
him in brief are as under:
1.
TSL has been drawn without following the principles
adopted by the earlier seniority committee.
2.
Seniority of HJS officers of 1988 batch is to be
determined according to amended Rule 26.
3.
He is a Direct Recruit of 1988 batch and his name was
recommended for appointment on 6-4-1991.
4.
His name has been included with the name of 16 Direct
Recruits recommended on 25-7-1992.
5.
He is entitled to be placed according to rotational system
with 170 promotee officers of 1988 batch.
6.
Rest 84 promotee officers are not entitled to claim
seniority with Direct Recruits including the objector of 1988 batch.
7.
Promotee officers (Sl. Nos. 206 to 252) have been promoted
against the vacancies of subsequent Recruitment batch. They cannot be placed
above the objector.
8.
He be placed below Sri R.P. Pandey and above Sri A.K. Jain
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by him in support of his
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the
grounds raised by him also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202.
The ground raised by Sri Khan
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
be determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly and his
request for placement is rejected.
16.
Sri A.P.
Singh, placed at Sl. No. 265 of the TSL has preferred his
objections (page nos. 1912-1928 of the compilation). The grounds mentioned by
him in brief are as under:
1. The
seniority of Direct Recruits of 1988 batch be fixed on the basis of rotational
system and 48 officers of UPNS (Sl. Nos. 206 to 252) cannot be placed above the
Direct Recruits of 1988 batch.
2. The DRs
of 1982 and 1984 batch cannot be placed below any promotee officer of
subsequent batch.
3. 84
vacancies created vide G.O. dated 10-7-1987 and 4 posts created vide G.O. dated
31-12-90 be excluded from the cadre strength of 1988 batch.
4. Rule 20
has not been followed in appointment of the officers of UP Nyayik Sewa in 1988
batch.
5. The
appointments made under Rule 22(3) and 22(4) not to be treated on substantive
post.
6. For
fixation of seniority of 1988 batch provisions of amended Rule 26(1) will
apply.
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by him in support of his
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the
grounds raised by him also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202. His objections are decided accordingly.
The ground raised by Sri Singh
that his seniority should be determined in accordance with U.P.H.J.S. Rules
1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
be determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly and his
request for placement is rejected.
17.
Sri H.K.
Saxena, placed at Sl. No. 266 of the TSL has preferred his
objections (page nos. 659-661 of the compilation). The grounds mentioned by him
in brief are as under:
1. He has
stated that Direct Recruits have not properly been placed.
2. Neither
they have been placed in accordance with provision of Rule 22 (2) nor they have
been placed according to date of vacancy made available to them.
3. He is
entitled to get his name placed at Sl. No. 63 because he has been allotted
vacancy occurred on 30-11-86.
4. He has
requested that seniority list be modified accordingly.
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. In view of law laid by the Hon'ble Apex Court in the
case of O.P. Garg Vs. State of U.P., AIR 1991 Supreme Court 1202 and decision
taken by the Committee on Issue Nos. 2,3 & 7 grounds raised by him appear
to be without substance, his objections are decided accordingly.
18.
Sri S.N.
Dwivedi, placed at Sl. No. 267 of the TSL has preferred his
objections (page nos. 1791-1794 of the compilation). The grounds mentioned by
him in brief are as under:
1.
He is a Direct Recruit of 1988 batch, his seniority should
be determined along with the promotee officers who have been promoted against
the vacancies of 1988 batch i.e. upto 31-12-90.
2.
In the TSL promotee officers promoted in May 1994 against
the vacancies occurred after 31-12-90 have been wrongly placed above him.
3.
He has requested that seniority list be corrected
accordingly.
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. In view of law laid by the Hon'ble Apex Court in the
case of O.P. Garg Vs. State of U.P., AIR 1991 Supreme Court 1202 and decision
taken by the Committee on Issue Nos. 2,3 & 7 grounds raised by him appear
to be without substance, his objections are decided accordingly.
19.
Smt.
Sandhya Bhatt, placed at Sl. No. 269 of the TSL has preferred her
objections (page nos. 293-303 of the compilation). The grounds mentioned by her
in brief are as under:
1.
She has stated that provisions of Rule 22 (1) and (2) and
Rule 26 of HJS as amended in 1996 are to be considered together in fixing the
inter-se seniority in between promotees and Direct Recruits against the vacancy
of the same year of allotment. It is not the date of joining or order of
appointments shall guide fixation of inter-se seniority between Direct Recruits
and promotees. It is year of allotment of vacancy which is determining factor
in fixing inter-se seniority between the Direct Recruits and Promotees.
2.
She has prayed that seniority of Direct Recruits of her
batch i.e. 1988 batch be fixed on the basis of rotational system.
3.
She has stated 84 vacancies created vide G.O. dated
10-7-1987 and 4 posts created vide G.O. dated 31-12-90 be excluded from the
cadre strength of 1988 batch.
4.
She has further stated that in respect of appointment of
officers of UP Nyayik Sewa in 1988 batch Rule 20 has not been followed.
5.
She has further pleaded that appointments made under Rule
22(3) and 22(4) not to be treated on substantive post. According to her, for
fixation of seniority of 1988 batch provisions of amended Rule 26(1) will
apply.
She is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by her in support of her
claim for seniority, are concerned these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2, 3, 7 & 9. Rest of the
grounds raised by her also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202.
The ground raised by Smt.
Sandhya Bhatt that her seniority should be determined in accordance with
U.P.H.J.S. Rules, 1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot
be accepted as it has been held by the Hon'ble Supreme Court that seniority of
the appointee will be determined in accordance with the Rules existing at the
time of her appointment i.e. when she was inducted in the cadre vide P. Mohan
Reddy Vs. E.A.A. Charles AIR 2001 SC 1210. Her objections are decided
accordingly.
20.
Sri V.C.
Gupta, placed at Sl. No. 270 of the TSL and Sri V.P. Pathak at
Sl. No. 268 have preferred their objections (page nos. 332-387 of the
compilation). The grounds mentioned by them in brief are as under:
1.
The seniority of Direct Recruits of 1988 batch be fixed on
the basis of rotational system and 48 officers of UPNS (Sl. Nos. 206 to 252)
cannot be placed above the DRs of 1988 batch.
2.
The DRs of 1982 and 1984 batch cannot be placed below any
promotee officer of subsequent batch.
3.
84 vacancies created vide G.O. dated 10-7-1987 and 4 posts
created vide G.O. dated 31-12-90 be excluded from the cadre strength of 1988
batch.
4.
Rule 20 has not been followed in appointment of the
officers of UP Nyayik Sewa in 1988 batch.
5. The appointments made under Rule 22(3) and 22(4) not to be treated on substantive post.
6. For fixation of seniority of 1988 batch provisions of amended Rule 26(1) will apply.
They are Direct Recruits of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by them in support of
their claim for seniority are concerned, these appear to be without substance
in view of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of
the grounds raised by them also appear to be without substance in view of law
laid by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR
1991 Supreme Court 1202.
The ground raised by them that
their seniority should be determined in accordance with U.P.H.J.S. Rules, 1975
as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it has
been held by the Hon'ble Supreme Court that seniority of the appointee will the
determined in accordance with the Rules existing at the time of his appointment
i.e. when they are inducted in the cadre vide P. Mohan Reddy Vs. E.A.A. Charles
AIR 2001 SC 1210. Their objections are decided accordingly.
21.
Sri Y.C.
Gupta, placed at Sl. No. 271 of the TSL has preferred his
objections (page nos. 1629-1646 of the compilation). The grounds mentioned by
him in brief are as under:
1. The
seniority of Direct Recruits of 1988 batch be fixed on the basis of rotational
system and 48 officers of UPNS (Sl. Nos. 206 to 252) cannot be placed above the
Direct Recruits of 1988 batch.
2. The DRs
of 1982 and 1984 batch cannot be placed below any promotee officer of
subsequent batch.
3. 84
vacancies created vide G.O. dated 10-7-1987 and 4 posts created vide G.O. dated
31-12-90 be excluded from the cadre strength of 1988 batch.
4. Rule 20
has not been followed in appointment of the officers of UP Nyayik Sewa in 1988
batch.
5. The
appointments made under Rule 22(3) and 22(4) not to be treated on substantive
post.
6. For
fixation of seniority of 1988 batch provisions of amended Rule 26(1) will
apply.
7. He be
placed below Sri V.N. Chadda (NS) and above Sri Mohammad Ajiz-ur-rahman (NS).
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by him in support of his
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the
grounds raised by him also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202.
The ground raised by Sri Gupta
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
be determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly and his
request for placement is rejected.
22.
Mohd.
Tahir, placed at Sl. No. 272 of the TSL and Mushaffey Ahmad at
Sl. No. 275 have preferred their objections (page nos. 1873-1890 of the
compilation). The grounds mentioned by them in brief are as under:
1.
The seniority of Direct Recruits of 1988 batch be fixed on
the basis of rotational system and 48 officers of UPNS (Sl. Nos. 206 to 252)
cannot be placed above the DRs of 1988 batch.
2.
The DRs of 1982 and 1984 batch cannot be placed below any
promotee officer of subsequent batch.
3.
84 vacancies created vide G.O. dated 10-7-1987 and 4 posts
created vide G.O. dated 31-12-90 be excluded from the cadre strength of 1988
batch.
4.
Rule 20 has not been followed in appointment of the
officers of UP Nyayik Sewa in 1988 batch.
5. The appointments made under Rule 22(3) and 22(4) not to be treated on substantive post.
6. For fixation of seniority of 1988 batch provisions of amended Rule 26(1) will apply.
They are Direct Recruits of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by them in support of
their claim for seniority are concerned, these appear to be without substance
in view of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of
the grounds raised by them also appear to be without substance in view of law
laid by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR
1991 Supreme Court 1202.
The ground raised by them that
their seniority should be determined in accordance with U.P.H.J.S. Rules, 1975
as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it has
been held by the Hon'ble Supreme Court that seniority of the appointee will be
determined in accordance with the Rules existing at the time of his appointment
i.e. when they are inducted in the cadre vide P. Mohan Reddy Vs. E.A.A. Charles
AIR 2001 SC 1210. Their objections are decided accordingly.
23.
Sri N.K.
Rajoria, placed at Sl. No. 273 of the TSL has preferred his
objections (page nos. 32-37 of the compilation). The grounds mentioned by him
in brief are as under:
1. A Direct
Recruit of 1988 batch, he was recommended for appointment vide Full Court
resolution dated 6-4-1991. He was placed on 8th position, subsequently names of
16 Direct Recruits of 1988 batch were also recommended. Hon’ble Apex Court in
C.A. No. 5908/95 Sri Kant Tripathi and others Vs. State of UP and others has
declared the selection of 16 Direct Recruits illegal. Therefore, these 16
Direct Recruits cannot be placed above him.
2. He has
requested that he be placed 7 steps below to the final placement of Sri
Nirvikar Gupta.
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. He has been appointed alongwith 23 Direct Recruits as
Additional District & Sessions Judge under Rule 22 (1) of the said Rules
vide Government notification dated 9.5.1994. He was placed at Sl. No. 21 of the
notification. He has misinterpreted the decision of the Hon'ble Apex Court in
S.K. Tripathi’s case. His objections are without substance and deserve to be
rejected. Objections of Sri N.K. Rajoria are hereby rejected.
24.
Sri Dina
Nath-II, placed at Sl. No. 274 of the TSL has preferred his
objections (page nos. 1031-1041 of the compilation). The grounds mentioned by
him in brief are as under:
1. The
seniority of Direct Recruits of 1988 batch be fixed on the basis of rotational
system and 48 officers of UPNS (Sl. Nos. 206 to 252) cannot be placed above the
DRs of 1988 batch.
2. The DRs
of 1982 and 1984 batch cannot be placed below any promotee officer of
subsequent batch.
3. 84
vacancies created vide G.O. dated 10-7-1987 and 4 posts created vide G.O. dated
31-12-90 be excluded from the cadre strength of 1988 batch.
4. Rule 20
has not been followed in appointment of the officers of UP Nyayik Sewa in 1988
batch.
5. The appointments made under Rule 22(3) and 22(4) not to be treated on substantive post.
6. For fixation of seniority of 1988 batch provisions of amended Rule 26(1) will apply.
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by him in support of his
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the
grounds raised by him also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202.
The ground raised by Sri Nath
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
be determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly.
25.
Sri
Lalta Prasad-III, placed at Sl. No. 274 of the TSL has preferred
his objections (page nos. 1031-1041 of the compilation). He has adopted the
objections filed by Sri Kaleemullah Khan.
In view of decision taken by the
Committee on the objections of Sri Kaleem Ullah Khan, objections of Sri Lalta
Prasad-III are also rejected.
26.
Sri U.S.
Tomar, placed at Sl. No. 280 of the TSL has preferred his
objections (page nos. 1291 of the compilation). The grounds mentioned by him in
brief are as under:
1. He has
stated that he is a Direct Recruit of 1990 batch and he joined the service on
3-8-1996. While making recruitment in 1990 batch procedure of recruitment as
provided by rules was not strictly adhered to.
2. Officers of UP NS have been given appointment within one or two years from the date when vacancy has become available to them whereas Direct Recruitment in HJS cadre was deliberately delayed. Thus officers of NS have got undue advantage in fixation of seniority.
3. If his seniority is determined in accordance with rule i.e. on the basis of rotational system he will get seniority above the officers of NS who were promoted in the year 1991 at least.
He is a Direct Recruit of 1990 H.J.S. Recruitment
Batch. In view of decision taken by the Committee on Issue Nos. 2,3,7 & 13
grounds raised by him do not survive. His objections are devoid of merit and
rejected accordingly.
27. Sri H.S. Yadav, placed at Sl. No. 281 of the TSL has preferred his objections (page nos. 1139-1147 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
stated that he is a Direct Recruit of 1990 batch and he joined the service on
3-8-1996. While making recruitment in 1990 batch procedure of recruitment as
provided by rules was not strictly adhered to.
2. Officers of UP NS have been given appointment within one or two years from the date when vacancy has become available to them whereas Direct Recruitment in HJS cadre was deliberately delayed. Thus officers of NS have got under advantage in fixation of seniority.
3. If his seniority is determined in accordance with Rule i.e. on the basis of rotational system he will get seniority above the officers of NS who were promoted in the year 1991 at least.
He is a Direct Recruit of 1990
H.J.S. Recruitment Batch. In view of decision taken by the Committee on Issue
Nos. 2,3,7 & 13 grounds raised by him do not survive. His objections
are devoid of merit and rejected accordingly
28. Sri M.K. Singhal, placed at Sl. No. 289 of the TSL has preferred his objections (page nos. 1746-1749 of the compilation). The grounds mentioned by him in brief are as under:
1. He has been
allotted vacancy occurred on 31.12.1988. He is entitled to get his seniority
fixed from this date.
2. Promotee
officers placed above him have been allotted vacancies subsequent to 31.12.1988
3. Promotee officers appointed against the vacancies of later years should not be placed about the appointees recruited on vacancies of earlier year (D. G. Patnayak’s case)
4. The objector has been recruited in Recruitment batch 1992-94 and he was placed first in the merit list therefore, he should not be placed below Sri Chaturbhuj N. Singh (Sl. No. 176)
He is a Direct Recruit of
1992-1994 H.J.S. Recruitment Batch. Argument similar to his has been rejected
by the Hon'ble Supreme Court in the case of J.C. Patnayak Vs. State of Orissa
1998 (4) SCC 456 ( para 32). He
has placed reliance on D. Ganesh Rao Patnayak Vs. State of Jharkhand, AIR 2005
Supreme Court 4321. The facts of this case are entirely different because in
this case promotee officers were occupying vacancies of the quota of Direct
Recruits whereas here the promotee officers placed above him have been allotted
vacancies within their quota. Thus his objections are without substance and are
disposed of accordingly.
29. Smt. Vijay Lakshmi, placed at Sl. No. 291 of the TSL has preferred her objections (page nos. 257-259 of the compilation). The grounds mentioned by her in brief are as under:
1. She has
been allotted vacancy occurred on 31.1.1989. She is entitled to get her
seniority fixed from this date.
2. Promotee
officers placed above her have been allotted vacancy subsequent to 31.1.1989.
3. She has
stated that her name has been incorrectly spelt in the TSL; she has prayed that
spelling of her name be corrected as Smt. Vijay Lakshmi.
4. She has
prayed that her seniority be fixed some where near the year 1989 as for her
vacancy occurred on 31-1-1989 has been allotted. In the alternative she has
prayed that her name should be placed at Sl. No. 233.
She is a Direct Recruit of 1992-1994 H.J.S. Recruitment Batch. Argument similar to her has been rejected by the Hon'ble Supreme Court in the case of J.C. Patnayak Vs. State of Orissa 1998 (4) SCC 456 (para 32). She has placed reliance on D. Ganesh Rao Patnayak Vs. State of Jharkhand, AIR 2005 Supreme Court 4321. The facts of this case are entirely different because in this case promotee officers were occupying vacancies of the quota of Direct Recruits whereas here the promotee officers placed above her have been allotted vacancies within their quota. Thus her objections are without substance and disposed of accordingly.
30. Sri P.K. Saxena, placed at Sl. No. 293 of the TSL has preferred his objections (page nos. 1433-1445 of the compilation). The grounds mentioned by him in brief are as under:
1. According
to him, while calculating the vacancies of 1988 batch 84 posts of leave and
deputation reserve have been wrongly included.
2. 4 posts
of HJS cadre created vide GO dated 31-12-90 are liable to be excluded from the
calculation of vacancies of 1988 batch.
3. Out of
218 officers of Nyayik Sewa appointed in H.J.S. vide Government notification
dated 5-4-92, 47 officers at Sl. Nos. 1 to 2, 4 to 16, 18 to 49, 51 and 52 have
been excluded in the TSL in order of accommodate 47 officers at Sl Nos. 206 to
252.
4. Officers
of Nyayik Sewa appointed under new Rule 22 (3) could not get benefit of
officiation.
5. He has
claimed that his seniority be fixed keeping in view the rota provided under
Rule 22 (2).
6. He has
requested that he be placed below Sri H.N. Mishra (Sl No. 242) and above Sri
S.P. Shukla (NS).
He is a Direct Recruit of
1992-1994 H.J.S. Recruitment Batch. Grounds mentioned by him except No. 3 do
not survive in view of decision taken by the Committee on Issue Nos. 2,7,9
& decision of the Hon'ble Apex Court in O.P. Garg’s case. Ground No. 3 is
also without substance. Seniority of 47 promotee officers mentioned by him has
already been determined by the earlier Committee. The grounds raised by him are devoid of merit and his objections
are hereby rejected.
31. Sri R.B. Yadav, placed at Sl. No. 295 of the TSL has preferred his objections (page nos. 734-746 of the compilation). The grounds mentioned by him in brief are as under:
1. The
seniority of Direct Recruits of 1988 batch be fixed on the basis of rotational
system and 48 officers of UPNS (Sl. Nos. 206 to 252) cannot be placed above the
Direct Recruits of 1988 batch.
2. The DRs
of 1982 and 1984 batch cannot be placed below any promotee officer of
subsequent batch.
3. 84
vacancies created vide G.O. dated 10-7-1987 and 4 posts created vide G.O. dated
31-12-90 be excluded from the cadre strength of 1988 batch.
4. Rule 20 has
not been followed in appointment of the officers of UP Nyayik Sewa in 1988
batch.
5. The
appointments made under Rule 22(3) and 22(4) not to be treated on substantive
post.
6. For
fixation of seniority of 1988 batch provisions of amended Rule 26(1) will apply
7. He has
prayed that he be placed after Sri S.P. Shukla (Sl. No. 248) and above Sri A.K.
Malviya (Sl. No. 243)
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by him in support of his
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the
grounds raised by him also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202.
The ground raised by Sri Yadav
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
be determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly and his
request for placement is rejected.
32. Sri Mukhtar Ahmad, placed at Sl. No. 297 of the TSL has preferred his objections (page nos. 1423-1432 of the compilation). The grounds mentioned by him in brief are as under:
1. 84 posts
of leave and deputation reserve have been wrongly included.
2. 4 posts
of HJS cadre created vide GO dated 31-12-90 are liable to be excluded from the
calculation of vacancies of 1988 batch
3. Out of
218 officers of Nyayik Sewa appointed in H.J.S, vide Government notification
dated 5-4-92, 47 Officers at Sl. Nos. 1 to 2, 4 to 16, 18 to 49, 51 and 52 have
been excluded in the TSL in order to accommodate 47 officers at Sl No. 206 to
252
4. Officers
of Nyayik Sewa appointed under new Rule 22 (3) could not get benefit of
officiation.
5. He has
claimed that his seniority be fixed keeping in view the quota provided under
Rule 22 (2).
6. He has
requested that he be placed below Sri Arun Kumar Malviya (Sl.No. 243) and above
Sri S.K. I. Naqvi (Sl. No. 244).
He is a Direct Recruit of
1992-1994 H.J.S. Recruitment Batch. Grounds mentioned by him except No. 3 do
not survive in view of decision taken by the Committee on Issue Nos. 2,3,7,9
& decision of the Hon'ble Apex Court in O.P. Garg’s case. Ground No. 3 is
also without substance. Seniority of 47 promotee officers mentioned by him has
already been determined by the earlier Committee. The grounds raised by him are
devoid of merit and his objections are hereby rejected.
33. Sri A.K. Misra-I, placed at Sl. No. 299 of the TSL has preferred his objections (page nos. 1615-1624 of the compilation). The grounds mentioned by him in brief are as under:
1. The
seniority of Direct Recruits of 1988 batch be fixed on the basis of rotational
system and 48 officers of UPNS (Sl. Nos. 206 to 252) cannot be placed above the
Direct Recruits of 1988 batch.
2. The DRs
of 1982 and 1984 batch cannot be placed below any promotee officer of
subsequent batch.
3. 84
vacancies created vide G.O. dated 10-7-1987 and 4 posts created vide G.O. dated
31-12-90 be excluded from the cadre strength of 1988 batch.
4. Rule 20
has not been followed in appointment of the officers of UP Nyayik Sewa in 1988
batch.
5. The
appointments made under Rule 22(3) and 22(4) not to be treated on substantive
post.
6. For
fixation of seniority of 1988 batch provisions of amended Rule 26(1) will
apply.
7. He has
requested that he be placed below Sri S.K. I. Naqvi (Sl No. 244) and above Sri
Mohan Kumar Bansal (Sl. No. 292)
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds, stated by him in support of
his claim for seniority, are concerned, these appear to be without substance in
view of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of
the grounds raised by him also appear to be without substance in view of law
laid by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR
1991 Supreme Court 1202.
The ground raised by Sri Misra
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
be determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly and his
request for placement is rejected
34. Sri Anant Kumar, placed at Sl. No. 301 of the TSL has preferred his objections (page nos. 402-415 of the compilation). The grounds mentioned by him in brief are as under:
1. The
seniority of Direct Recruits of 1988 batch be fixed on the basis of rotational
system and 48 officers of UPNS (Sl. Nos. 206 to 252) cannot be placed above the
Direct Recruits of 1988 batch.
2. The DRs
of 1982 and 1984 batch cannot be placed below any promotee officer of
subsequent batch.
3. 84
vacancies created vide G.O. dated 10-7-1987 and 4 posts created vide G.O. dated
31-12-90 be excluded from the cadre strength of 1988 batch.
4. Rule 20
has not been followed in appointment of the officers of UP Nyayik Sewa in 1988
batch.
5. The
appointments made under Rule 22(3) and 22(4) not to be treated on substantive
post.
6. For
fixation of seniority of 1988 batch provisions of amended Rule 26(1) will
apply.
7. He should
be placed above Muzaffar Hussain at Sl. No. 245 and below Mohan Kumar Bansal at
Sl. No. 292
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by him in support of his
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the
grounds raised by him also appear to be without substance in view of law laid
by the Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991
Supreme Court 1202.
The ground raised by Sri Kumar
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
be determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly and his
request for placement is rejected.
35. Sri Amar Singh Chauhan, placed at Sl. No. 303 of the TSL has preferred his objections (page nos. 681-693 of the compilation). The grounds mentioned by him in brief are as under:
1. The
seniority of Direct Recruits of 1988 batch be fixed on the basis of rotational
system and 48 officers of UPNS (Sl. Nos. 206 to 252) cannot be placed above the
Direct Recruits of 1988 batch.
2. The DRs
of 1982 and 1984 batch cannot be placed below any promotee officer of
subsequent batch.
3. 84
vacancies created vide G.O. dated 10-7-1987 and 4 posts created vide G.O. dated
31-12-90 be excluded from the cadre strength of 1988 batch.
4. Rule 20
has not been followed in appointment of the officers of UP Nyayik Sewa in 1988
batch.
5. The
appointments made under Rule 22(3) and 22(4) not to be treated on substantive
post.
6. For
fixation of seniority of 1988 batch provisions of amended Rule 26(1) will
apply.
7. He has
prayed that his seniority be fixed below Sri Muzaffar Hussain (Sl. No. 245) and
above Sri Ghanshyam Shukla (Sl. No. 246)
He is a Direct Recruit of 1988
H.J.S. Recruitment Batch. So far as the grounds stated by him in support of his
claim for seniority are concerned, these appear to be without substance in view
of decision taken by the Committee on Issue Nos. 2,3,7 & 9. Rest of the grounds
raised by him also appear to be without substance in view of law laid by the
Hon'ble Apex Court in the case of O.P. Garg Vs. State of U.P., AIR 1991 Supreme
Court 1202.
The ground raised by Sri Chauhan
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
be determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly and his
request for placement is rejected.
36. Sri Kamal Kishore Sharma, placed at Sl. No. 307 of the TSL has preferred his objections (page nos. 671-680 of the compilation). The grounds mentioned by him in brief are as under:
1. According
to him, while calculating the vacancies of 1988 batch 84 posts of leave and
deputation reserve have been wrongly included.
2. 4 posts
of HJS cadre created vide GO dated 31-12-90 are liable to be excluded from the
calculation of vacancies of 1988 batch.
3. Out of
218 officers of Nyayik Sewa appointed in H.J.S. vide Government notification
dated 5-4-92, 47 officers at Sl. Nos. 1 to 2, 4 to 16, 18 to 49, 51 and 52 have
been excluded in the TSL in order to accommodate 47 officers at Sl No. 206 to
252.
4. Officers
of Nyayik Sewa appointed under new Rule 22 (3) could not get benefit of
officiation.
5. He has
claimed that his seniority be fixed keeping in view the rota provided under
Rule 22 (2).
6. He has
requested that his seniority be fixed below Mata Prasad Gupta (Sl. No. 247) and
above Sri V.P. Shukla (Sl No. 248).
He is a Direct Recruit of
1992-1994 H.J.S. Recruitment Batch. Grounds mentioned by him except No. 3 do
not survive in view of decision taken by the Committee on Issue Nos. 2,7,9
& decision of the Hon'ble Apex Court in O.P. Garg’s case. Ground No. 3 is
also without substance. Seniority of 47 promotee officers mentioned by him has already
been determined by the earlier Committee. The grounds raised by him are devoid
of merit and his objections are hereby rejected.
37. Sri Harsh Kumar, placed at Sl. No. 309 of the TSL has preferred his objections (page nos. 388-401 of the compilation). The grounds mentioned by him in brief are as under:
1.
The seniority of Direct Recruits of 1988 batch be fixed on
the basis of rotational system and 48 officers of UPNS (Sl. Nos. 206 to 252)
cannot be placed above the DRs of 1988 batch.
2.
The DRs of 1982 and 1984 batch cannot be placed below any
promotee officer of subsequent batch.
3.
84 vacancies created vide G.O. dated 10-7-1987 and 4 posts
created vide G.O. dated 31-12-90 be excluded from the cadre strength of 1988
batch.
4.
Rule 20 has not been followed in appointment of the
officers of UP Nyayik Sewa in 1988 batch.
5. The appointments made under Rule 22(3) and 22(4) not to be treated on substantive post.
6.
For fixation of seniority of 1988 batch provisions of
amended Rule 26(1) will apply.
7.
He should be placed somewhere after officer placed at Sl
No. 229 in TSL
He is a Direct Recruit of
1992-1994 H.J.S. Recruitment Batch. So far as the grounds stated by him in
support of his claim for seniority are concerned, these appear to be without
substance in view of decision taken by the Committee on Issue Nos. 2,3,7 &
9. Rest of the grounds raised by him also appear to be without substance in
view of law laid by the Hon'ble Apex Court in the case of O.P. Garg Vs. State
of U.P., AIR 1991 Supreme Court 1202.
The ground raised by Sri Kumar
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
be determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly.
38. Sri Ali Zamin, placed at Sl. No. 311 of the TSL has preferred his objections (page nos. 1824-1836 of the compilation). The grounds mentioned by him in brief are as under:.
1.
The seniority of Direct Recruits of 1988 batch be fixed on
the basis of rotational system and 48 officers of UPNS (Sl. Nos. 206 to 252)
cannot be placed above the DRs of 1988 batch.
2.
The DRs of 1982 and 1984 batch cannot be placed below any
promotee officer of subsequent batch.
3.
84 vacancies created vide G.O. dated 10-7-1987 and 4 posts
created vide G.O. dated 31-12-90 be excluded from the cadre strength of 1988
batch.
4.
Rule 20 has not been followed in appointment of the
officers of UP Nyayik Sewa in 1988 batch.
5. The appointments made under Rule 22(3) and 22(4) not to be treated on substantive post.
6.
For fixation of seniority of 1988 batch provisions of
amended Rule 26(1) will apply.
7.
He has requested that he be placed below Sri V.K. Dixit
(Sl. No. 249) and above Sri R.P. Lavaniya (Sl. No. 250).
He is a Direct Recruit of
1992-1994 H.J.S. Recruitment Batch. So far as the grounds stated by him in
support of his claim for seniority are concerned, these appear to be without
substance in view of decision taken by the Committee on Issue Nos. 2,3,7 &
9. Rest of the grounds raised by him also appear to be without substance in
view of law laid by the Hon'ble Apex Court in the case of O.P. Garg Vs. State
of U.P., AIR 1991 Supreme Court 1202.
The ground raised by Sri Zamin
that his seniority should be determined in accordance with U.P.H.J.S. Rules,
1975 as amended in 1996 instead of old Rule 26 (1)(a) cannot be accepted as it
has been held by the Hon'ble Supreme Court that seniority of the appointee will
be determined in accordance with the Rules existing at the time of his
appointment i.e. when he was inducted in the cadre vide P. Mohan Reddy Vs.
E.A.A. Charles AIR 2001 SC 1210. His objections are decided accordingly.
39. Sri Shashi Kant, placed at Sl. No. 315 of the TSL has preferred his objections (page nos. 1255-1267 of the compilation). The grounds mentioned by him in brief are as under:
1.
According to him, while calculating the vacancies of 1988
batch 84 posts of leave and deputation reserve have been wrongly included.
2.
4 posts of HJS cadre created vide GO dated 4.2.1992 are
liable to be excluded from the calculation of vacancies of 1988 batch.
3.
Out of 218 officers of Nyayik Sewa appointed in H.J.S.
vide Government notification dated 5-4-92, 47 officers at Sl. Nos. 1 to 2, 4 to
16, 18 to 49, 51 and 52 have been excluded in the TSL in order of accommodate
47 officers at Sl Nos. 206 to 252.
4.
Officers of Nyayik Sewa appointed under new Rule 22 (3)
could not get benefit of officiation.
5.
He has claimed that his seniority be fixed keeping in view
the rota provided under Rule 22 (2).
6.
He has requested that his seniority be fixed below Mata
Prasad Gupta (Sl. No. 247) and above Sri V.P. Shukla (Sl No. 248).
He is a Direct Recruit of
1992-1994 H.J.S. Recruitment Batch. Grounds mentioned by him except No. 3 do
not survive in view of decision taken by the Committee on Issue Nos. 2,7,9
& decision of the Hon'ble Apex Court in O.P. Garg’s case. Ground No. 3 is
also without substance. Seniority of 47 promotee officers mentioned by him has
already been determined by the earlier Committee. He has placed reliance on D.
Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite
different. In D. Ganesh Rao’s case promotee officers were occupying vacancies
of Direct Recruits quota, whereas in the present matter promotee officers have
been allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246
relates to dispute of seniority in respect of Munsifs appointed by way of two
different recruitments. This case deals with the matter of determination of
seniority recruited from one source i.e. Direct Recruitment. These cases
possibly can have no application in the present matter. The grounds raised by
him are devoid of merit and his objections are hereby rejected.
40. Sri Om Prakash, placed at Sl. No. 317 of the TSL has preferred his objections (page nos. 75-76 of the compilation). The grounds mentioned by him in brief are as under:
1.
He has requested that he may be placed below Sri Surendra
Pratap Singh (Sl. No. 288 of the TSL).
2. According to him, he is entitled to get seniority on the basis of date of vacancy made available to him
He has claimed seniority on the
basis of date of vacancy made available to him. In the case of J.C. Patnayak Vs
State of Orissa (1998) 4 SCC 456 (Para 32) this argument has not found favour
of the Hon'ble Supreme Court. Therefore his objections are rejected.
41. Sri V.P. Kandpal, placed at Sl. No. 727 of the TSL has preferred his objections (page nos. 1379-1384 of the compilation). The grounds mentioned by him in brief are as under:
1.
He has stated that he has not been given placement
according to rota as prescribed in Rule 22 (2).
2.
Direct Recruits of various batches have not been given
seniority batch wise or year wise.
3.
According to the decision of Hon’ble Apex Court in S.N.
Singh’s case and D. Ganesh Rao’s case candidates recruited against earlier
vacancies should be reckoned senior to those recruited against later vacancies.
4.
Provisions of rule 22 (1) and (2) and Rule 26 have to be
read together in fixing inter-se seniority among both the sources of
recruitment against the vacancies of the same year of allotment
5.
He along with 18 Direct Recruits have been recruited
against the vacancies occurred on 31-10-1994 or prior to it but promotee
officers appointed against vacancies of subsequent years have been wrongly
placed above them.
6. At the worst, he and 18 other Direct Recruits of 2000 batch should be given seniority in rotation just below S.Z. Siddiqui (Sl. No. 350).
7. He has requested that at worst he and other Direct Recruits should be placed above the promotees appointed in the year 2005.
In view of decision taken by the
Committee on Issue Nos. 3,6,7and decision of the Hon'ble Apex Court in O.P.
Garg’s case the grounds mentioned by Sri Kandpal appear to be without
substance.
He has placed reliance on D.
Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite
different. In D. Ganesh Rao’s case promotee officers were occupying vacancies
of Direct Recruits quota, whereas in the present matter promotee officers have
been allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246
relates to dispute of seniority in respect of Munsifs appointed by way of two
different recruitments. This case deals with the matter of determination of
seniority recruited from one source i.e. Direct Recruitment. Both these cases
possibly can have no application in the present matter. The grounds raised by
him are devoid of merit and his objections are hereby rejected.
42. Sri Rajendra Kumar, placed at Sl. No. 728 of the TSL has preferred his objections (page nos. 1734-1737 of the compilation). The grounds mentioned by him in brief are as under:
1.
He has stated that he has not been given placement
according to rota as prescribed in Rule 22 (2).
2.
Direct Recruits of various batches have not been given
seniority batch wise or year wise.
3.
According to the decision of Hon’ble Apex Court in S.N.
Singh’s case and D. Ganesh Rao’s case candidates recruited against earlier
vacancies should be reckoned senior to those recruited against later vacancies.
4.
Provisions of rule 22 (1) and (2) and Rule 26 have to be
read together in fixing inter-se seniority among both the sources of
recruitment against the vacancies of the same year of allotment.
5.
He along with 18 Direct Recruits have been recruited
against the vacancies occurred on 31-10-1994 or prior to it but promotee
officers appointed against vacancies of subsequent year have been wrongly
placed above them.
6. At the worst, he and 18 other Direct Recruits of 2000 batch should be given seniority in rotation just below S.Z. Siddiqui (Sl. No. 350).
7. He has requested that at worst he and other Direct Recruits should be placed above the promotees appointed in the year 2005.
In view of decision taken by the
Committee on Issue Nos. 3,6,7and decision of the Hon'ble Apex Court in O.P.
Garg’s case the grounds mentioned by Sri Kumar appear to be without substance.
He has placed reliance on D.
Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite
different. In D. Ganesh Rao’s case promotee officers were occupying vacancies
of Direct Recruits quota, whereas in the present matter promotee officers have been
allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246
relates to dispute of seniority in respect of Munsifs appointed by way of two
different recruitments. This case deals with the matter of determination of
seniority recruited from one source i.e. Direct Recruitment. Both these cases
possibly can have no application in the present matter. The grounds raised by
him are devoid of merit and his objections are hereby rejected.
43. Sri A.K. Ganesh, placed at Sl. No. 729 of the TSL has preferred his objections (page nos. 1211-1215 of the compilation). The grounds mentioned by him in brief are as under:
1.
He has stated that he has not been given placement
according to rota as prescribed in Rule 22 (2).
2.
Direct Recruits of various batches have not been given
seniority batch wise or year wise.
3.
According to the decision of Hon’ble Apex Court in S.N.
Singh’s case and D. Ganesh Rao’s case candidates recruited against earlier
vacancies should be reckoned senior to those recruited against later vacancies.
4.
Provisions of rule 22 (1) and (2) and Rule 26 have to be
read together in fixing inter-se seniority among both the sources of
recruitment against the vacancies of the same year of allotment.
5.
He along with 18 Direct Recruits have been recruited
against the vacancies occurred on 31-10-1994 or prior to it but promotee
officers appointed against vacancies of subsequent year have been wrongly
placed above them.
6. At the worst, he and 18 other Direct Recruits of 2000 batch should be given seniority in rotation just below S.Z. Siddiqui (Sl. No. 350).
7. He has requested that at worst he and other Direct Recruits should be placed above the promotees appointed in the year 2005.
In view of decision taken by the
Committee on Issue Nos. 3,6,7and decision of the Hon'ble Apex Court in O.P.
Garg’s case the grounds mentioned by Sri Ganesh appear to be without substance.
He has placed reliance on D.
Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite
different. In D. Ganesh Rao’s case promotee officers were occupying vacancies
of Direct Recruits quota, whereas in the present matter promotee officers have
been allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246
relates to dispute of seniority in respect of Munsifs appointed by way of two
different Recruitments. This case deals with the matter of determination of
seniority Recruited from one source i.e. Direct Recruitment. Both these cases
possibly can have no application in the present matter. The grounds raised by
him are devoid of merit and his objections are hereby rejected.
44. Sri Mohd. Faiz A. Khan, placed at Sl. No. 730 of the TSL has preferred his objections (page nos. 1750-1754 of the compilation). The grounds mentioned by him in brief are as under:
1.
has stated that he has not been given placement according
to rota as prescribed in Rule 22 (2).
2.
Direct Recruits of various batches have not been given
seniority batch wise or year wise.
3.
According to the decision of Hon’ble Apex Court in S.N.
Singh’s case and D. Ganesh Rao’s case candidates recruited against earlier
vacancies should be reckoned senior to those recruited against later vacancies.
4.
Provisions of rule 22 (1) and (2) and Rule 26 have to be
read together in fixing inter-se seniority among both the sources of
recruitment against the vacancies of the same year of allotment.
5.
He along with 18 Direct Recruits have been recruited
against the vacancies occurred on 31-10-1994 or prior to it but promotee
officers appointed against vacancies of subsequent year have been wrongly placed
above them.
6. At the worst, he and 18 other Direct Recruits of 2000 batch should be given seniority in rotation just below S.Z. Siddiqui (Sl. No. 350).
7. He has requested that at worst he and other Direct Recruits should be placed above the promotees appointed in the year 2005.
In view of decision taken by the
Committee on Issue Nos. 3,6,7and decision of the Hon'ble Apex Court in O.P.
Garg’s case the grounds mentioned by Sri Khan appear to be without substance.
He has placed reliance on D.
Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite
different. In D. Ganesh Rao’s case promotee officers were occupying vacancies
of Direct Recruits quota, whereas in the present matter promotee officers have
been allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246
relates to dispute of seniority in respect of Munsifs appointed by way of two
different recruitments. This case deals with the matter of determination of
seniority recruited from one source i.e. Direct Recruitment. Both these cases
possibly can have no application in the present matter. The grounds raised by
him are devoid of merit and his objections are hereby rejected.
45. Sri V.K. Srivastava, placed at Sl. No. 731 of the TSL has preferred his objections (page nos. 2013-2014of the compilation). The grounds mentioned by him in brief are as under:
1.
He has not been given seniority of the date of vacancy
against which he has been appointed i.e. 21.10.1994
2.
He has stated that his seniority has not been determined
along with promotee officers appointed in 2005 as per rotational system under
Rule 22 (2).
The claim of seniority on the
basis of date of vacancy allotted to the officers has not found favour with the
Hon'ble Apex Court and in the case of J.C. Patnayak similar argument has been
rejected by the Hon'ble Apex Court. Second ground raised by him cannot be
accepted in view of the decision taken by the Committee on Issue No. 7.
Therefore, his objections are hereby rejected.
46. Sri Bhupendra Sahai, placed at Sl. No. 732 of the TSL has preferred his objections (page nos. 1404-1412 of the compilation). The grounds mentioned by him in brief are as under:
1.
In view of law laid down in S.N. Singh’s case and D.
Ganesh R. Patnayak’s case, Officers recruited from all the three sources should
have been placed in the seniority list on the basis date of vacancy available
to him.
2. In preparing seniority list quota rota rule should be strictly observed and appointment of promotee officer should be made after recruitment from Bar have been made.
3. He has requested that his name be placed below Km. Manju Rani Gupta and above Sri Rajendra Pal (NS) at Sl. No. 310 and 312 respectively.
In view of the decision taken by
the Committee on Issue No. 7 ground No. 2 mentioned above cannot be accepted.
He has placed reliance on D.
Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite
different. In D. Ganesh Rao’s case promotee officers were occupying vacancies
of Direct Recruits quota, whereas in the present matter promotee officers have been
allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246
relates to dispute of seniority in respect of Munsifs appointed by way of two
different recruitments. This case deals with the matter of determination of
seniority recruited from one source i.e. Direct Recruitment. Both these cases
possibly can have no application in the present matter. The grounds raised by
him are devoid of merit and his objections are hereby rejected
47. Sri S.K. Pachori placed at Sl. No. 734 of the TSL has preferred his objections (page nos. 1421-1422 of the compilation). The grounds mentioned by him in brief are as under:
1.
TSL has not been prepared in accordance with provisions
contained in Rule22 and 26.
2. TSL has not been drawn as per law laid down in D. Ganesh R. Patnayak’s case.
3. He has requested that his seniority be fixed accordingly.
In view of the decision taken by
the Committee on Issue No. 7 ground No. 2 mentioned above cannot be accepted.
He has placed reliance on D. Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite different. In D. Ganesh Rao’s case promotee officers were occupying vacancies of Direct Recruits quota, whereas in the present matter promotee officers have been allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246 relates to dispute of seniority in respect of Munsifs appointed by way of two different recruitments. This case deals with the matter of determination of seniority recruited from one source i.e. Direct Recruitment. Both these cases possibly can have no application in the present matter. The grounds raised by him are devoid of merit and his objections are hereby rejected.
48. Sri S.K. Gupta, placed at Sl. No. 735 of the TSL has preferred his objections (page nos. 1850-1856 of the compilation). The grounds mentioned by him in brief are as under:
1.
He has stated that he has not been given placement
according to rota as prescribed in Rule 22 (2).
2.
Direct Recruits of various batches have not been given
seniority batch wise or year wise.
3.
According to the decision of Hon’ble Apex Court in S.N.
Singh’s case and D. Ganesh Rao’s case candidates recruited against earlier
vacancies should be reckoned senior to those recruited against later vacancies.
4.
Provisions of rule 22 (1) and (2) and Rule 26 have to be
read together in fixing inter-se seniority among both the sources of
recruitment against the vacancies of the same year of allotment.
5.
He along with 18 Direct Recruits have been recruited
against the vacancies occurred on 31-10-1994 or prior to it but promotee
officers appointed against vacancies of subsequent year have been wrongly
placed above them.
6. At the worst, he and 18 other Direct Recruits of 2000 batch should be given seniority in rotation just below S.Z. Siddiqui (Sl. No. 350).
7. He has requested that at worst he and other Direct Recruits should be placed above the promotees appointed in the year 2005.
In view of decision taken by the
Committee on Issue Nos. 3,6,7and decision of the Hon'ble Apex Court in O.P.
Garg’s case the grounds mentioned by Sri Gupta appear to be without substance.
He has placed reliance on D.
Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite
different. In D. Ganesh Rao’s case promotee officers were occupying vacancies
of Direct Recruits quota, whereas in the present matter promotee officers have
been allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246
relates to dispute of seniority in respect of Munsifs appointed by way of two
different recruitments. This case deals with the matter of determination of
seniority recruited from one source i.e. Direct Recruitment. Both these cases
possibly can have no application in the present matter. The grounds raised by
him are devoid of merit and his objections are hereby rejected.
49. Ms. Ghandikota Sree Devi, placed at Sl. No. 736 of the TSL has preferred her objections (page nos. 988-993 of the compilation). The grounds mentioned by her in brief are as under:
1. She has
stated that she has not been given placement according to rota as prescribed in
Rule 22 (2).
2. Direct
Recruits of various batches have not been given seniority batch wise or year
wise.
3. According
to the decision of Hon’ble Apex Court in S.N. Singh’s case and D. Ganesh Rao’s
case candidates recruited against earlier vacancies should be reckoned senior
to those recruited against later vacancies.
4. Provisions
of rule 22 (1) and (2) and Rule 26 have to be read together in fixing inter-se
seniority among both the sources of recruitment against the vacancies of the
same year of allotment.
5. She along
with 18 Direct Recruits have been recruited against the vacancies occurred on
31-10-1994 or prior to it but promotee officers appointed against vacancies of
subsequent year have been wrongly placed above them.
6. At the
worst, she and 18 other Direct Recruits of 2000 batch should be given seniority
in rotation just below S.Z. Siddiqui (Sl. No. 350).
7. She has
requested that at worst she and other Direct Recruits should be placed above
the promotees appointed in the year 2005.
In view of decision taken by the
Committee on Issue Nos. 3,6,7 and decision of the Hon'ble Apex Court in O.P.
Garg’s case the grounds mentioned by Ms. Ghandikota appear to be without
substance.
She has placed reliance on D.
Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite
different. In D. Ganesh Rao’s case promotee officers were occupying vacancies
of Direct Recruits quota, whereas in the present matter promotee officers have
been allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246
relates to dispute of seniority in respect of Munsifs appointed by way of two
different recruitments. This case deals with the matter of determination of
seniority recruited from one source i.e. Direct Recruitment. Both these cases
possibly can have no application in the present matter. The grounds raised by
her are devoid of merit and her objections are hereby rejected.
50. Sri K.S. Zaggi, placed at Sl. No. 737 of the TSL has preferred his objections (page nos. 1845-1849 of the compilation). The grounds mentioned by him in brief are as under:
1.
He has stated that he has not been given placement
according to rota as prescribed in Rule 22 (2).
2.
Direct Recruits of various batches have not been given
seniority batch wise or year wise.
3.
According to the decision of Hon’ble Apex Court in S.N.
Singh’s case and D. Ganesh Rao’s case candidates recruited against earlier
vacancies should be reckoned senior to those recruited against later vacancies.
4.
Provisions of rule 22 (1) and (2) and Rule 26 have to be
read together in fixing inter-se seniority among both the sources of
recruitment against the vacancies of the same year of allotment.
5.
He along with 18 Direct Recruits have been recruited
against the vacancies occurred on 31-10-1994 or prior to it but promotee
officers appointed against vacancies of subsequent year have been wrongly
placed above them.
6. At the worst, she and 18 other Direct Recruits of 2000 batch should be given seniority in rotation just below S.Z. Siddiqui (Sl. No. 350).
7. She has requested that at worst she and other Direct Recruits should be placed above the promotees appointed in the year 2005.
In view of decision taken by the
Committee on Issue Nos. 3,6,7and decision of the Hon'ble Apex Court in O.P.
Garg’s case the grounds mentioned by Sri Zaggi appear to be without substance.
She has placed reliance on D.
Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite
different. In D. Ganesh Rao’s case promotee officers were occupying vacancies
of Direct Recruits quota, whereas in the present matter promotee officers have
been allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246
relates to dispute of seniority in respect of Munsifs appointed by way of two
different recruitments. This case deals with the matter of determination of
seniority recruited from one source i.e. Direct Recruitment. Both these cases
possibly can have no application in the present matter. The grounds raised by
him are devoid of merit and his objections are hereby rejected.
51. Sri Anil Kumar Agarwal, placed at Sl. No. 731 of the TSL has preferred his objections (page nos. 2013-2014of the compilation). The grounds mentioned by him in brief are as under:
1.
He has not been given seniority from the date of vacancy
against which he has been appointed
2. He has not been placed as per rotational system with promotee officers of 2005 batch.
3. He has requested that he be given proper seniority as per law.
The claim of seniority on the
basis of date of vacancy allotted to the officers not found favour with the
Hon'ble Apex Court and in the case of J.C. Patnayak, similar argument has been
rejected by the Hon'ble Apex Court in the case. Second ground raised by him
cannot be accepted in view of the decision taken by the Committee on Issue No.
7. Therefore, his objections are hereby rejected.
52. Sri R.A. Yadav, placed at Sl. No. 739 of the TSL has preferred his objections (page nos. 1866-1868 of the compilation). The grounds mentioned by him in brief are as under:
1.
He has stated that he has not been given placement
according to rota as prescribed in Rule 22 (2).
2.
Direct Recruits of various batches have not been given
seniority batch wise or year wise.
3.
According to the decision of Hon’ble Apex Court in S.N.
Singh’s case and D. Ganesh Rao’s case candidates recruited against earlier
vacancies should be reckoned senior to those recruited against later vacancies.
4.
Provisions of rule 22 (1) and (2) and Rule 26 have to be
read together in fixing inter-se seniority among both the sources of
recruitment against the vacancies of the same year of allotment.
5.
He along with 18 Direct Recruits have been recruited
against the vacancies occurred on 31-10-1994 or prior to it but promotee
officers appointed against vacancies of subsequent year have been wrongly
placed above them.
6. At the worst, he and 18 other Direct Recruits of 2000 batch should be given seniority in rotation just below S.Z. Siddiqui (Sl. No. 350).
7. He has requested that at worst he and other Direct Recruits should be placed above the promotees appointed in the year 2005.
In view of decision taken by the
Committee on Issue Nos. 3,6,7and decision of the Hon'ble Apex Court in O.P.
Garg’s case the grounds mentioned by Sri Yadav appear to be without substance.
He has placed reliance on D.
Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite
different. In D. Ganesh Rao’s case promotee officers were occupying vacancies
of Direct Recruits quota, whereas in the present matter promotee officers have
been allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246
relates to dispute of seniority in respect of Munsifs appointed by way of two
different recruitments. This case deals with the matter of determination of
seniority recruited from one source i.e. Direct Recruitment. Both these cases
possibly can have no application in the present matter. The grounds raised by
him are devoid of merit and his objections are hereby rejected.
53. Sri N.K. Jauhari, placed at Sl. No. 740 of the TSL has preferred his objections (page nos. 1045-1050 of the compilation). The grounds mentioned by him in brief are as under:
1.
He has stated that he has not been given placement
according to rota as prescribed in Rule 22 (2).
2.
Direct Recruits of various batches have not been given
seniority batch wise or year wise.
3.
According to the decision of Hon’ble Apex Court in S.N.
Singh’s case and D. Ganesh Rao’s case candidates recruited against earlier
vacancies should be reckoned senior to those recruited against later vacancies.
4.
Provisions of rule 22 (1) and (2) and Rule 26 have to be
read together in fixing inter-se seniority among both the sources of
recruitment against the vacancies of the same year of allotment.
5.
He along with 18 Direct Recruits have been recruited
against the vacancies occurred on 31-10-1994 or prior to it but promotee
officers appointed against vacancies of subsequent year have been wrongly
placed above them.
6. At the worst, she and 18 other Direct Recruits of 2000 batch should be given seniority in rotation just below S.Z. Siddiqui (Sl. No. 350).
7. He has requested that at worst he and other Direct Recruits should be placed above the promotees appointed in the year 2005.
In view of decision taken by the
Committee on Issue Nos. 3,6,7 and decision of the Hon'ble Apex Court in O.P.
Garg’s case the grounds mentioned by Sri Jauhari appear to be without
substance.
He has placed reliance on D.
Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite
different. In D. Ganesh Rao’s case promotee officers were occupying vacancies
of Direct Recruits quota, whereas in the present matter promotee officers have
been allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246
relates to dispute of seniority in respect of Munsifs appointed by way of two
different recruitments. This case deals with the matter of determination of
seniority recruited from one source i.e. Direct Recruitment. Both these cases
possibly can have no application in the present matter. The grounds raised by
him are devoid of merit and his objections are hereby rejected.
54. Sri R.S. Yadav, placed at Sl. No. 741 of the TSL has preferred his objections (page nos. 1298-1300 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
stated that he has not been given placement according to rota as prescribed in
Rule 22 (2).
2. Direct Recruits
of various batches have not been given seniority batch wise or year wise.
3. According
to the decision of Hon’ble Apex Court in S.N. Singh’s case and D. Ganesh Rao’s
case candidates recruited against earlier vacancies should be reckoned senior
to those recruited against later vacancies.
4. Provisions
of rule 22 (1) and (2) and Rule 26 have to be read together in fixing inter-se
seniority among both the sources of recruitment against the vacancies of the
same year of allotment.
5. He along
with 18 Direct Recruits have been recruited against the vacancies occurred on
31-10-1994 or prior to it but promotee officers appointed against vacancies of
subsequent year have been wrongly placed above them.
6. At the worst, he and 18 other Direct Recruits of 2000 batch should be given seniority in rotation just below S.Z. Siddiqui (Sl. No. 350).
7. He has requested that at worst he and other Direct Recruits should be placed above the promotees appointed in the year 2005.
In view of decision taken by the
Committee on Issue Nos. 3,6,7and decision of the Hon'ble Apex Court in O.P.
Garg’s case the grounds mentioned by Sri Yadav appear to be without substance.
He has placed reliance on D.
Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite
different. In D. Ganesh Rao’s case promotee officers were occupying vacancies
of Direct Recruits quota, whereas in the present matter promotee officers have
been allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246
relates to dispute of seniority in respect of Munsifs appointed by way of two
different recruitments. This case deals with the matter of determination of
seniority recruited from one source i.e. Direct Recruitment. Both these cases
possibly can have no application in the present matter. The grounds raised by
him are devoid of merit and his objections are hereby rejected.
55. Sri Rajbeer Singh, placed at Sl. No. 742 of the TSL has preferred his objections (page nos. 1869-1872 of the compilation). The grounds mentioned by him in brief are as under:
1.
He has stated that he has not been given placement
according to rota as prescribed in Rule 22 (2).
2.
Direct Recruits of various batches have not been given
seniority batch wise or year wise.
3.
According to the decision of Hon’ble Apex Court in S.N.
Singh’s case and D. Ganesh Rao’s case candidates recruited against earlier
vacancies should be reckoned senior to those recruited against later vacancies.
4.
Provisions of rule 22 (1) and (2) and Rule 26 have to be
read together in fixing inter-se seniority among both the sources of
recruitment against the vacancies of the same year of allotment.
5.
He along with 18 Direct Recruits have been recruited
against the vacancies occurred on 31-10-1994 or prior to it but promotee
officers appointed against vacancies of subsequent year have been wrongly
placed above them.
6. At the worst, he and 18 other Direct Recruits of 2000 batch should be given seniority in rotation just below S.Z. Siddiqui (Sl. No. 350).
7. He has requested that at worst he and other Direct Recruits should be placed above the promotees appointed in the year 2005.
In view of decision taken by the
Committee on Issue Nos. 3,6,7and decision of the Hon'ble Apex Court in O.P.
Garg’s case the grounds mentioned by Sri Singh appear to be without substance.
He has placed reliance on D.
Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite
different. In D. Ganesh Rao’s case promotee officers were occupying vacancies
of Direct Recruits quota, whereas in the present matter promotee officers have
been allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246
relates to dispute of seniority in respect of Munsifs appointed by way of two
different recruitments. This case deals with the matter of determination of
seniority recruited from one source i.e. Direct Recruitment. Both these cases
possibly can have no application in the present matter. The grounds raised by
him are devoid of merit and his objections are hereby rejected.
56. Sri Ajit Singh, placed at Sl. No. 743 of the TSL has preferred his objections (page nos. 1935-1938 of the compilation). The grounds mentioned by him in brief are as under:
1.
He has stated that he has not been given placement
according to rota as prescribed in Rule 22 (2).
2.
Direct Recruits of various batches have not been given
seniority batch wise or year wise.
3.
According to the decision of Hon’ble Apex Court in S.N.
Singh’s case and D. Ganesh Rao’s case candidates recruited against earlier
vacancies should be reckoned senior to those recruited against later vacancies.
4.
Provisions of rule 22 (1) and (2) and Rule 26 have to be
read together in fixing inter-se seniority among both the sources of
recruitment against the vacancies of the same year of allotment.
5.
He along with 18 Direct Recruits have been recruited
against the vacancies occurred on 31-10-1994 or prior to it but promotee
officers appointed against vacancies of subsequent year have been wrongly
placed above them.
6. At the worst, he and 18 other Direct Recruits of 2000 batch should be given seniority in rotation just below S.Z. Siddiqui (Sl. No. 350).
7. He has requested that at worst he and other Direct Recruits should be placed above the promotees appointed in the year 2005.
In view of decision taken by the
Committee on Issue Nos. 3,6,7and decision of the Hon'ble Apex Court in O.P.
Garg’s case the grounds mentioned by Sri Singh appear to be without substance.
He has placed reliance on D.
Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite
different. In D. Ganesh Rao’s case promotee officers were occupying vacancies
of Direct Recruits quota, whereas in the present matter promotee officers have
been allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246
relates to dispute of seniority in respect of Munsifs appointed by way of two different
recruitments. This case deals with the matter of determination of seniority
recruited from one source i.e. Direct Recruitment. Both these cases possibly
can have no application in the present matter. The grounds raised by him are
devoid of merit and his objections are hereby rejected.
57. Sri S.C. Sharma, placed at Sl. No. 744 of the TSL has preferred his objections (page nos. 1607-1609 of the compilation). The grounds mentioned by him in brief are as under:
1.
He has stated that he has not been given placement
according to rota as prescribed in Rule 22 (2).
2.
Direct Recruits of various batches have not been given
seniority batch wise or year wise.
3.
According to the decision of Hon’ble Apex Court in S.N.
Singh’s case and D. Ganesh Rao’s case candidates recruited against earlier
vacancies should be reckoned senior to those recruited against later vacancies.
4.
Provisions of rule 22 (1) and (2) and Rule 26 have to be
read together in fixing inter-se seniority among both the sources of
recruitment against the vacancies of the same year of allotment.
5.
He along with 18 Direct Recruits have been recruited
against the vacancies occurred on 31-10-1994 or prior to it but promotee
officers appointed against vacancies of subsequent year have been wrongly
placed above them.
6. At the worst, he and 18 other Direct Recruits of 2000 batch should be given seniority in rotation just below S.Z. Siddiqui (Sl. No. 350).
7. He has requested that at worst he and other Direct Recruits should be placed above the promotees appointed in the year 2005.
In view of decision taken by the
Committee on Issue Nos. 3,6,7and decision of the Hon’ble Apex Court in O.P.
Garg’s case the grounds mentioned by Sri Singh appear to be without substance.
He has placed reliance on D. Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite different. In D. Ganesh Rao’s case promotee officers were occupying vacancies of Direct Recruits quota, whereas in the present matter promotee officers have been allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246 relates to dispute of seniority in respect of Munsifs appointed by way of two different recruitments. As this case deals with the matter of determination of seniority recruited from one source i.e. Direct Recruitment. Both these cases possibly can have no application in the present matter. The grounds raised by him are devoid of merit and his objections are hereby rejected.
58. Sri Bhopal Singh, placed at Sl. No. 745 of the TSL has preferred his objections (page nos. 1962-1968 of the compilation). The grounds mentioned by him in brief are as under:
1.
He has stated that he has not been given placement
according to rota as prescribed in Rule 22 (2).
2.
Direct Recruits of various batches have not been given
seniority batch wise or year wise.
3.
According to the decision of Hon’ble Apex Court in S.N.
Singh’s case and D. Ganesh Rao’s case candidates recruited against earlier
vacancies should be reckoned senior to those recruited against later vacancies.
4.
Provisions of rule 22 (1) and (2) and Rule 26 have to be
read together in fixing inter-se seniority among both the sources of
recruitment against the vacancies of the same year of allotment.
5.
He along with 18 Direct Recruits have been recruited
against the vacancies occurred on 31-10-1994 or prior to it but promotee
officers appointed against vacancies of subsequent year have been wrongly
placed above them.
6. At the worst, he and 18 other Direct Recruits of 2000 batch should be given seniority in rotation just below S.Z. Siddiqui (Sl. No. 350).
7. He has requested that at worst he and other Direct Recruits should be placed above the promotees appointed in the year 2005.
In view of decision taken by the
Committee on Issue Nos. 3,6,7and decision of the Hon’ble Apex Court in O.P.
Garg’s case the grounds mentioned by Sri Singh appear to be without substance.
He has placed reliance on D.
Ganesh Rao’s case and S.N. Singh’s case. Facts of these cases are quite
different. In D. Ganesh Rao’s case promotee officers were occupying vacancies
of Direct Recruits quota, whereas in the present matter promotee officers have
been allotted vacancies within their quota. S.N. Singh’s case (1998) 5 SCC- 246
relates to dispute of seniority in respect of Munsifs appointed by way of two
different recruitments. As this case deals with the matter of determination of
seniority recruited from one source i.e. Direct Recruitment. Both these cases
possibly can have no application in the present matter. The grounds raised by
him are devoid of merit and his objections are hereby rejected.
B. Objections preferred by promotee officers of Higher
Judicial Service -
1.
Sri R.P.
Srivastava-II, placed at Sl. No. 4 of the TSL has preferred his
objections (page nos. 603-633, 931-963 of the compilation). The grounds
mentioned by him in brief are as under:
1.
He has stated that he was promoted to HJS on 10-7-1985.
Sri V.K. Verma joined the UP HJS on 29-10-87 and Sri S.C. Nigam joined the UP
HJS on 23-7-1985 but these two officers have been shown as senior to him.
2.
He has been granted super time scale on 20-04-04 w.e.f.
1-11-02 whereas Sri S.C. Nigam has been granted super time scale vide Court’s
order dated 16-2-05 w.e.f. 1-11-02 and he was given super time scale from
1-10-02.
3.
He has joined HJS two years three months prior to Sri V.K.
Verma and he was granted super time scale before Sri S.C. Nigam. Therefore, he
is entitled to be placed after Sri A.K. Roopanwal but above Sri V.K. Verma and
S.C. Nigam.
4.
He has requested that he may be placed senior to Sri V.K.
Verma and S.C. Nigam.
Seniority of Sri V.K. Verma has
already been determined by the earlier Seniority Committee. In view of decision
taken by the Committee on Issue No. 1 objection of Sri R.P. Srivastava in
respect of placement of Sri V.K. Verma is not maintainable.
Vide Full Court resolution dated 19.1.1985 name of Sri S.C. Nigam at Sl. No. 10 and name of Sri R.P. Srivastava at Sl. No. 15 were approved for promotion as temporary Additional District & Sessions Judges, vide Government notification dated 14.6.1985 Sri S.C. Nigam (at Sl. No. 10) and Sri R.P. Srivastava (at Sl. No. 15) were appointed as temporary Additional District & Sessions Judges by the State Government. Thus the name of Sri S.C. Nigam has been placed above Sri R.P. Srivastava. On the ground of later grant of super time scale to Sri S.C. Nigam, his seniority in H.J.S. cadre cannot be taken to be adversely affected. In view of the above, objections of Sri R.P. Srivastava are rejected.
2. Sri R.S. Chaubey, placed at Sl. No. 11 of the TSL has preferred his objections (page nos. 994-997 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 31-01-1985.
2. He has
stated that in O.P. Garg’s case and K.N. Singh’s case it has been held that
Direct Recruits are entitled to seniority from the date of their joining the
service and not from any earlier date.
3. A
promotee officer is entitled to seniority from the date of availability of
substantive vacancy to him within his quota.
4. Rotation of seniority as prescribed by rule 22 (2) has no importance in the matter of fixation of seniority.
5. He has requested that in view of above, his seniority be reckoned from 31-1-1985 i.e. the date when substantive vacancy occurred in HJS and became available to him.
In view of decision taken by the
Committee on Issue Nos. 2,3,7 & 8 grounds mentioned by Sri Chaubey are
without substance. His objections are rejected accordingly.
3. Sri S.N.H. Zaidi, placed at Sl. No. 22 of the TSL has preferred his objections (page nos. 976-987 of the compilation). The grounds mentioned by him in brief are as under:
1. By the
earlier Seniority Committee 04 Direct Recruits (Sl. Nos. 13 to 16) appointed in
Oct. 1985 have not been given placement in the seniority list
2. For
Recruitment batch 1982 only 82 vacancies were determined and 12 were allotted
in the quota of Direct Recruits by the earlier Seniority Committee and 10
vacancies were kept reserved for 10 Direct Recruits of 1984 batch.
3. Direct
Recruits (Sl. Nos. 13 to 16) cannot be allotted any vacancy of 1982 or 1984
batch. Therefore, they have to be allotted vacancies out of 1988 batch.
4. He was
promoted to UP HJS on 1986 and he has been allotted vacancy occurred on
31-5-1985.Therefore, he cannot be placed below 04 Direct Recruits (Sl. No. 13
to 16) of 1982 batch who joined in Oct. 1985.
5.
i. The
seniority of the ten Direct Recruits of 1984 Recruitment year is to be
determined in accordance with the law laid down by Hon’ble Supreme Court in
O.P. Garg’s case.
ii. The
persons recruited directly from Bar should get their seniority determined from the
date of joining the service irrespective whether their appointment and joining
got delayed as a consequence of restraint order.
iii. Granting
seniority to the Direct Recruits especially of 1984 batch from any date earlier
to the date of their joining being prohibited would be violative of directions
of Hon’ble Supreme Court in Ram Kishore Gupta’s case.
a.
The promotee has a right to have his seniority
counted not from the date of his actual joining on promotion but from the date
when a substantive vacancy occurred in his quota according to UP HJS Rules.
b. A Direct
Recruits has only one date available to him and that is neither the date when
the vacancy arose nor the date when it was notified nor even the date when he
was selected. He must be satisfied with
the date of his actual appointment for reckoning his seniority and there is no
deeming provision to reckon his seniority from any date earlier to his date of
appointment i.e. the date of joining.
c. He has
requested that his seniority be counted from 31-5-1985 when substantive vacancy
occurred in HJS and became available to him
In view of decision taken by the
Committee on Issue Nos. 2,3,7,8 & 12 grounds mentioned by Sri Zaidi are
without substance. His objections are rejected accordingly.
4. Sri Vimal Kishore, placed at Sl. No. 24 of the TSL has preferred his objections (page nos. 276-281 of the compilation). The grounds mentioned by him in brief are as under:
1.
He
has been allotted vacancy occurred on 31-5-1985.
2.
He is
entitled to get his seniority from 31-5-1985.
3.
Therefore,
he has requested that his seniority be fixed from 31-5-1985 (date of vacancy).
In view of decision taken by the
Committee on Issue No. 2 relevant date for fixing his seniority has been
rightly indicated as 25.8.1986. His objections are without merit, hence
rejected.
5. Sri S.K. Bhatt, placed at Sl. No. 31 of the TSL has preferred his objections (page nos. 304-307 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
stated that seniority list is liable to be prepared keeping in view the
directions given by the Division Bench in UP Judicial Services Association
case.
2. According
to him, U.C. Tiwari & others are not entitled to claim seniority with
Direct Recruits of 1982 batch who were earlier appointed.
3. Direct
Recruits of 1984 and 1988 batch are also entitled to get seniority from the
date of their joining service.
4. Therefore,
he has requested that seniority list be prepared accordingly.
In view of decision taken by the Committee on Issue Nos. 1,2,3 & 8 grounds mentioned by Sri Bhatt are without substance. His objections are rejected accordingly.
6. Sri Sabhapati Singh, placed at Sl. No. 39 of the TSL has preferred his objections (page nos. 785-788 of the compilation). The grounds mentioned by him in brief are as under:
1. Substantive
vacancy in quota occurred and became available to him on 26-12-1985. Therefore,
he being a promotee should be given seniority w.e.f. 26-12-1985.
2.
i. The
seniority of the ten Direct Recruits of 1984 Recruitment year is to be
determined in accordance with the law laid down by Hon’ble Supreme Court in
O.P. Garg’s case.
ii. The
persons recruited directly from Bar should get their seniority determined from
the date of joining the service irrespective whether their appointment and
joining got delayed as a consequence of restraint order.
iii. Granting
seniority to the Direct Recruits especially of 1984 batch from any date earlier
to the date of their joining being prohibited would be violative of directions
of Hon’ble Supreme Court in Ram Kishore Gupta’s case.
iv.
a. The promotee has a right to have his seniority counted not from the date of his actual joining on promotion but from the date when a substantive vacancy occurred in his quota according to UP HJS Rules.
b. A Direct Recruit has only one date available to him and that is neither the date when the vacancy arose nor the date when it was notified nor even the date when he was selected. He must be satisfied with the date of his actual appointment for reckoning his seniority and there is no deeming provision to reckon his seniority from any date earlier to his date of appointment i.e. the date of joining.
In view of decision taken by the
Committee on Issue Nos. 1,2,3 & 8 grounds mentioned by Sri Singh are
without substance. His objections are rejected accordingly.
7. Sri Amar Sinha, placed at Sl. No. 42 of the TSL has preferred his objections (page nos. 712-733 of the compilation). The grounds mentioned by him in brief are as under:
1. That he
has been wrongly been placed below Sri S.S. Raudra in the TSL. He is senior to
Sri Raudra, both have been promoted to UP HJS on 1986, both have been allotted
substantive vacancies occurred on 31-12-1985. He was also senior to Sri Raudra
in feeder cadre
2. A Direct
Recruit has only one date available to him i.e. the date of actual joining and
there is no deeming provision to reckon his seniority from any date earlier to
his date of joining.
3. A
promotee officer is entitled to have his seniority counted not from date of his
actual joining but from the date when a substantive vacancy occurred in his
quota.
4. He has prayed that he be placed above Sri S.S. Raudra.
5. He has further prayed that he should be given seniority from the date of substantive vacancy i.e. 31-12-1985 made available to him.
He is a promotee officer. His
relevant date for seniority is 28.8.1986. He has been placed at Sl. No. 42 of
the TSL below Sri Suraj Singh Raudra, whose relevant date for seniority is also
28.8.1986. According to Sri Sinha he is senior to Sri Raudra in HJS as well as
in the feeder cadre. Sri Amar Sinha (Sl. No. 20) and Sri S.S. Raudra (Sl. No.
21) were approved by the Full Court on 17.5.1986. They both were appointed vide
Government notification dated 19.8.1986. In this notification name of Sri Amar
Sinha finds place at Sl. No. 23 and name of Sri S.S. Raudra at Sl. No. 24. Full
Court approved the names of Sri Amar Sinha (Sl. No. 75) and Sri S.S. Raudra
(Sl. No. 76) for their substantive appointment in H.J.S. vide Full Court
resolution dated 25.7.1992. As discussed above Sri Amar Sinha has been placed
above Sri S.S. Raudra at the time of their appointment as temporary Additional
District & Sessions Judge as also at the time of their substantive
appointment under Rule 22 (1).
In view of the above, his
request for his placement above Sri S.S. Raudra appears to be correct. To this
extent his request is accepted. In view of decision taken by the Committee on
Issue Nos. 2 & 3 rest of his objections are without substance and rejected.
It is directed that in the seniority list he be placed just above Sri S.S. Raudra
.
8. Sri Swatantra Singh, placed at Sl. No. 43 of the TSL has preferred his objections (page nos. 19-28 of the compilation). The grounds mentioned by him in brief are as under:
1. Substantive
vacancy in quota occurred and became available to him on 31-12-1985. Therefore,
he being a promotee should be given seniority w.e.f. 31-12-1985.
2.
i. The
seniority of the ten Direct Recruits of 1984 Recruitment year is to be
determined in accordance with the law laid down by Hon’ble Supreme Court in
O.P. Garg’s case.
ii. The persons
recruited directly from Bar should get their seniority determined from the date
of joining the service irrespective whether their appointment and joining got
delayed as a consequence of restraint order.
iii. Granting
seniority to the Direct Recruits especially of 1984 batch from any date earlier
to the date of their joining being prohibited would be violative of Directions
of Hon’ble Supreme Court in Ram Kishore Gupta’s case.
iv.
a. The promotee has a right to have his seniority counted not from the date of his actual joining on promotion but from the date when a substantive vacancy occurred in his quota according to UP HJS Rules.
b. A Direct Recruit has only one date available to him and that is neither the date when the vacancy arose nor the date when it was notified nor even the date when he was selected. He must be satisfied with the date of his actual appointment for reckoning his seniority and there is no deeming provision to reckon his seniority from any date earlier to his date of appointment i.e. the date of joining.
In view of decision taken by the Committee on Issue Nos. 1,2,3 & 8 grounds mentioned by Sri Singh are without substance. His objections are rejected accordingly
9. Sri A.K. Rastogi, placed at Sl. No. 58 of the TSL has preferred his objections (page nos. 964 & 1403 of the compilation). The grounds mentioned by him in brief are as under:
1. His date
for seniority has been shown as 21-3-1987 in the TSL
2. He has
been allotted vacancy occurred on 31-7-1986.
3. In view
of law laid down in O.P. Garg’s case he is entitled to have his seniority counted from 31-7-1986 i.e.
date of vacancy available to him in his quota.
In view of decision taken by the
Committee on Issue Nos. 1,2,3 & 8 grounds mentioned by Sri Rastogi are
without substance. His objections are rejected accordingly.
10. Sri S.A. Siddiqui, placed at Sl. No. 67 of the TSL has preferred his objections (page nos. 1064-1065 of the compilation). The grounds mentioned by him in brief are as under:
1. Earlier a
seniority list of HJS officers was circulated vide letter dated 6-5-1992.
2. The
validity of that list was challenged in J.B. Singh’s case, K.N. Singh’s case
and J.C. Gupta’s case.
3. All those
petitions were dismissed and the seniority list was approved on judicial side.
4. Sri U.C.
Tiwari and Sri Nirvikar Gupta had every opportunity to file their objections
against the report of the Seniority Committee chaired by Hon’ble Mr. Justice
S.D. Agarwal, they had also an opportunity to question the final seniority list
by filing writ petition but they did not do so, now they cannot be permitted to
re-open the seniority matter already settled in the year 1992.
5. Sri U.C.
Tiwari and 3 other Direct Recruits have been appointed after appointment of
S.N. Singh and others were quashed.
6. Sri U.C.
Tiwari and 3 other are not entitled to get seniority with the Direct Recruits
of 1982 batch who were appointed earlier.
7. Sri
Nirvikar Gupta and 5 other Direct Recruits of 1984 batch are not entitled to
get seniority prior to their joining the service. They are not even entitled to be placed in between officers of
Nyayik Sewa of 1972 batch.
8. The
seniority of HJS Officers should be determined in accordance with several
directions given by the Apex Court in S.K. Tripathi’s case
In view of decision taken by the Committee on Issue Nos. 1,2,3 & 8 grounds mentioned by Sri Siddiqui are without substance. His objections are rejected accordingly
11. Sri Dharam Singh, placed at Sl. No. 111 of the TSL has preferred his objections (page nos. 444-451 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
stated that he was promoted to H.J.S. and joined as Additional District Judge
on 2.7.1988. Due to non completion of three years qualifying service as Civil
Judge he could not be considered for promotion along-with his batch mates. His seniority
should be restored and he be placed after the name of Sri K. Z. Khan (Sl. No.
94).
2. He has
quoted the instance whereby Sri V.K. Verma was restored his seniority of feeder
service in H.J.S. by the earlier Committee.
Name of Sri Dharam Singh (Sl.
No. 44) was approved by the Full Court for his substantive appointment under
Rule 22 (1) in H.J.S. on 25.7.1992. Name of Sri K.Z. Khan (Sl. No. 43) was
placed above his name and name of Sri Vishwanath Saran Tripathi (Sl. No. 45)
was placed below his name in the resolution dated 25.7.1992. Thus his seniority
in feeder service has been protected at the time of his approval for
substantive appointment. It is also worth mentioning that name of Sri K.Z. Khan
finds place in TSL Sl. No. 94 and name of Sri Vishwanath Saran Tripathi finds
place at Sl. No. 95, who were promoted as temporary Additional District &
Sessions Judges on 26.10.1987 and 31.10.1987 respectively. In view of above
and following the past precedent of Sri
V.K. Verma request of Sri Dharam Singh for restoring to him seniority of feeder
cadre is accepted and his name be placed between Sri K.Z. Khan (Sl. No. 94 of
TSL) and Sri Vishwanath Saran Tripathi (Sl. No. 95 of the TSL) in the seniority
list.
12. Dr. C.D. Rai, placed at Sl. No. 124 of the TSL has preferred his objections (page nos. 757-759 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
stated that he has been allotted vacancy occurred on 10-7-87, one out of 84
posts created under GO dated 10-7-87.
2. These 84
posts were made permanent by the State vide order dated 20-12-1990. Thus these
84 vacancies are substantive in nature as settled by the Apex Court in O.P.
Garg’s case.
3. He is
entited to reckon his seniority from the date of vacancy i.e. 10-7-87 in view
of law laid down in J.B. Singh’s case, K.N. Singh’s case and O.P. Garg’s case.
4. Division
Bench of this Hon’ble Court in UP JSA’s case has observed as under:
“ The number of the officers of Nyayik Sewa and
Judicial Officers Service who were already promoted and appointed against
temporary post under Rule 22(3) or 22(4) of the Rules and whose appointments
have been protected in O.P. Garg’s case would be taken into consideration and
the number of vacancies equal to the number of such officers shall be excluded
from computation.”
In view of decision taken by the
Committee on Issue Nos. 2,5,9 & 12 grounds mentioned by Sri Rai are without
substance. His objections are rejected accordingly.
13. Sri R.D.
Nimesh, placed at Sl. No. 140 of the TSL as preferred his
objections (page No. 1374-1378 of the compilation). The grounds mentioned by
him in brief are as under:
1.
His name has been placed at Sl. No. 140 and officers (Sl.
Nos. 114 to 124) have been placed above him.
2. These 10 officers have joined the service in the year 1977-78 whereas he has joined the service in the month of April 1975.
3. These officers have been wrongly placed above him, therefore, he has requested that his name be placed at Sl. No. 114 above these 10 officers.
The objection raised by Sri Nimesh, relating to his
seniority in Nyayik Sewa, has already been settled by the Hon'ble Apex Court in
the case of State of U.P. Vs. Rafiquddin and others AIR 1988 SC 162.
He is claiming seniority above the officers placed at
serial numbers 114 to 124 in the TSL. These officers have been officiating in
HJS since July 1988 whereas Shri Nimesh has been promoted in HJS in August
1989.
In view of the above, objections raised by Shri Nimesh are without substance, hence rejected.
14. Sri Virendra Singh, placed at Sl. No. 148 of the TSL has preferred his objections (page nos. 16 & 1016-1017 of the compilation). The grounds mentioned by him in brief are as under:
1.
His date of continuous officiation is earlier than
officers at Sl. Nos. 134, 136 & 145.
2.
In continuation of his earlier objection dated 17-8-06 he
has stated that his name should be placed above Sri V.P. Singh-II.
3.
Keeping in view his date of continuous officiation he be
placed senior to the officers at Sl Nos. 134, 136 and 145 of the TSL.
4. In the
column of date of availability of vacancy for Direct Recruits dates have been
wrongly shown, they should have been given the date of the year in which the
Direct Recruits had joined their service.
Shri O.P. Mishra (Sl. No.134),
Shri M.P.S. Tejan (Sl. No. 136) and Shri Ajay Pal Singh (Sl. No. 145) and the
objector (Sl. No. 148) were appointed as temporary Additional District and
Sessions Judges by the State Govt. vide notification dated 1-8-1989. In the
notification these officers have been placed at Sl no. 1, 3, 14 & 17
respectively. As these four officers have been appointed on the same date and
the objector was placed below these three officers, above whom he is claiming
seniority, which he cannot.
His claim for seniority over
V.P. Singh-II (Sl. No. 48) is also without any merit. Shri V.P. Singh-II a
Direct Recruit of 1984 batch, who had joined the service on 7-12-86. The
objector is more than two and a half years junior to him.
In view of the above, objections
of Shri Virendra Singh are rejected
.
15. Sri S.K. Pandey, placed at Sl. No. 151 of the TSL has preferred his objections (page nos. 662-669 of the compilation). The grounds mentioned by him in brief are as under:
1. In UP
Nyayik Sewa he was senior to Sri Umesh Chandra-II, Dr. C.D. Rai etc.
2. In the
TSL his name has been placed at Sl. No. 151 and his date of continuous
officiation in HJS is shown as 22-9-1989 whereas the names of Sri Umesh
Chandra-II and Dr. C.D. Rai have been shown at Sl. Nos. 123 and 124 and their
dates of continuous officiation has been shown as 2-7-1988 and 4-7-1988,
respectively.
3. His
promotion in HJS was delayed due to a censor entry dated 22-7-1987 which has
become non-existent in view of order of Hon’ble Court dated 8-7-1991 passed in
writ petition filed by him.
4. He is
entitled to have his seniority of the previous service restored in HJS.
5. He has
requested that he may be placed below Sri Shiv Kumar Maurya and above Sri Umesh
Chandra-II.
He is claiming seniority above
the officers placed at Sl. Nos. 123 & 124 in the TSL on the basis of his
seniority in feeder cadre. He was superseded due to adverse entry at the time,
when he was due for promotion. According to him subsequently adverse remark
became non-existent. In view of principle No. (iv) adopted the earlier
Seniority Committee his request is accepted and he be placed below Sri S.K.
Maurya (Sl. No.122) and above Sri Umesh Chandra-II (Sl. No. 123).
16. Smt. Jaya Shree Misra, placed at Sl. No. 211 of the TSL has preferred her objection (page no. 1231 of the compilation) as under:
1.
She has been allotted vacancy occurred on 6-7-1990, her
seniority in HJS be fixed w.e.f. 6-7-1990 or any earlier date when vacancy is
found available for her in view of O.P. Garg’s case, S.K. Tripathi’s case and
UP JSA’s case.
She has been appointed in HJS vide Govt. notification dated 5-4-1994 and she has joined as such on 12-5-1994. In view of decision taken by the Committee on Issue No. 2 her objection is without merit and rejected accordingly.
17. Sri S.K. Tripathi, placed at Sl. No. 224 of the TSL has preferred his objections (page nos. 789-919 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
stated that in O.P. Garg’s case and K.N. Singh’s case it has been held that
Direct Recruits are entitled to seniority from the date of their joining the
service and not from any earlier date.
2. A
promotee officer is entitled to seniority from the date of availability of
substantive vacancy to him within his quota.
3. Rotation
of vacancy as prescribed by rule 22 (2) has no importance in the matter of
fixation of seniority.
4. For determination
of seniority of 24 Direct Recruits of 1988 batch they cannot be given benefit
of stay order i.e. status quo as there was stay of promotion and appointment of
DR in HJS.
5. Direct
Recruits have been given vacancies in excess of their quota and as such their
total number has become in excess of 15% of total strength as on 31-12-90.
6. Upto
31-12-90 promoted officers have been allotted 26 vacancies less than their
quota.
7. Some
officers who were not approved for substantive appointment have been wrongly
placed in the TSL.
8. Out of 50
posts created on 6-10-82 19 vacancies have not been allotted by the earlier
Seniority Committee.
9. Nyayik
Sewa is entitled to 13 vacancies out of 19 vacancies.
10. 13
vacancies unnoticed by the earlier Seniority Committee have not been taken into
consideration. Nyayik Sewa is entitled to 9 vacancies out of unnoticed 13
vacancies.
11. Guidelines
given in UP JSA’s case and directions given in S.K. Tripathi’s case have been
overruled by preparing the TSL.
12. Rule of
rotation of vacancies as prescribed in Rule 22 (2) is vague, since it is
inconsistent with quota rule.
13. Keeping in view the law laid down in O.P. Garg’s case, S.K. Tripathi’s case guidelines given in UP JSA’s case a draft seniority list have been prepared and enclosed with the representation.
14. He has prayed that TSL may be modified accordingly.
In view of decision taken by the
Committee on Issue Nos. 1,2,3,4 & 10 the objections raised by Shri Tripathi
appear to be without any substance except ground no. 3 & 4. In draft
seniority list prepared by him vacancies have been arbitrarily allocated to
give advantage to the promotee officers; which is not permitted by the relevant
rules. His objections are accordingly disposed of.
18. Sri H.N. Mishra, placed at Sl. No. 242 of the TSL has preferred his objections (page nos. 102-103 of the compilation), The ground mentioned by him in brief is as under:
1. He has
prayed that Sri V.K. Mathur Direct Recruit of 1988 batch should be allocated
vacancy which occurred after 9-11-1992.
As per decision
taken by the Committee on Issue Nos. 4,5,9 & 10 his objections are without
substance, hence rejected.
19. Sri Jitendra Srivastava, placed at Sl. No. 282 of the TSL has preferred his objections (page nos. 282-292 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
stated that he was superseded without any reason when he was due for promotion.
He was ultimately promoted to UP HJS under Rule 22 (1) on 25-2-1997. His first
prayer is that he should be deemed to have been approved for promotion to the
UP HJS on 20-2-88 and promoted in August 1989 along with officers of his batch.
2. In the
alternative, he has prayed that he ought to have been placed over and above the
officers promoted after 1-4-90 and his seniority be fixed below Sri Chaturbhuj Narain
Singh placed at Sl. No. 176.
3. In the last, he has stated that one vacancy in HJS was reserved for him on 18-11-95, therefore, his seniority at least be reckoned from 18-11-95 without any reference to the date of his actual promotion on 20-2-97.
4. In support of his first prayer, he has referred Rule 6 of UP Government Servants Seniority Rules, 1991.
He was inducted in HJS vide
Govt. notification dated 20-2-1997; grounds for his earlier supersession have
not become non existent. His first two grounds are devoid of any merit.
He has requested for notional
seniority from 18-11-1995 as one vacancy was kept reserved for his promotion.
He was promoted to HJS vide
State Govt. notification dated 20-2-1997, in view of decision taken on Issue
No. 2 he has been rightly placed in the TSL. His objections are without
substance, hence rejected.
20. Sri Arvind Kumar Tripathi, placed at Sl. No. 283 of the TSL has preferred his objections (page nos. 90-99 of the compilation). The grounds mentioned by him in brief are as under:
1. He be
placed at Sl. No. 253.
2. In
alternative, he should be placed below Sri Lalta Prasad and above Sri D.B. Jain
(at Sl No. 277).
3. Vacancy
for his promotion to HJS became available on 9-12-92 before appointment of 24
Direct Recruits of 1988 batch.
4. He could
not be considered for promotion in 1988 Recruitment due to miscalculation of
vacancies. The entire exercise of determination of vacancies was held wrong by
Hon’ble Apex Court in S.K. Tripathi’s case reported in 2001 (10) SCC page 237.
5. On consideration
of his representation one vacancy was kept reserved for him by Full Court
resolution dated 18.11.1995 where after he was promoted on 23.2.1997.
6. The
appointment by promotion of 13 officers including him was quashed by the High
Court in a petition wherein he was not arrayed. Thus the judgment is not
binding on him. This judgment stood challenged and reversed by the Apex Court.
7. Vacancies
have to be re-determined for each year starting from the Recruitment year 1988
as held in S.K.Tripathi’s case.
He was promoted to HJS vide
State Govt. notification dated 20-2-1997, in view of decision taken on Issue
No. 2 he has been rightly placed in the TSL. His objections are without
substance, hence rejected.
21. Sri M.K. Bansal, placed at Sl. No. 292 of the TSL has preferred his objections (page nos. 492-499 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
submitted that Sri A.K. Malviya and 8 other junior officers to him were
promoted to HJS in May 1994, he could not be considered for promotion due to
adverse remarks.
2. Subsequently,
adverse remarks given to him were expunged and he was promoted in HJS in May
1996.
3. He is
entitled to have his seniority fixed above Sri Muzaffar Hussain (Sl. No. 245).
4. According
to him, UP Govt. Servant Seniority Rules, 1991 will be applicable in the matter
of determination of his seniority.
5.
He has been allotted vacancy occurred on 9-4-1993, he is
entitled to reckon his seniority from this date.
6.
In the last, he has stated that he could not be placed
below Sri Uma Shanker Tomar (Sl. No. 280)
He has claimed seniority of his
feeder service on the basis that he was superseded on account of adverse
remarks, which were subsequently expunged. HJS service is not in continuation
of Nyayik Sewa. He has become member of HJS vide notification dated 5-12-1998.
In view of the above and decision taken by the Committee on Issue No. 2 request
of Shri Bansal cannot be accepted, hence rejected.
However, his case is similar to
Sri S.K. Srivastava, he has been allotted vacancy within quota belonging to
Recruitment batch 1990 and he is working as ad-hoc Additional District &
Sessions Judge since 10.6.1996. His objections are similarly decided and office
is directed to place him accordingly.
22. Sri S.K. Srivastava, placed at Sl. No. 300 of the TSL has preferred his objections (page nos. 100-101 of the compilation) as under:
1. He has
requested that he may be placed after five Direct Recruits at Sl. No. 253 to
257. According to him Direct Recruits should be placed in the ratio 1:6.
He was approved for his promotion to
HJS under Rule 22(1) vide Full Court resolution dated 18-11-1995 alongwith 12
other officers but he could not be appointed as such because in W.P.No. 36589/
1995 vide judgment dated 30-6-1998 this Court setaside the recommendation of
the Selection Committee dated 2-11-1995 as well as the Full Court resolution
dated 18-11-1995 promoting these officers of NS but allowed them to continue on
ad-hoc basis, till the Full Court took a decision with regard to direct
recruitment. Civil Appeal Nos. 1669- 1680 of 2001 were preferred against the
order and judgment dated 30-6-1998. These appeals were decided by the Hon’ble
Apex Court alongwith appeal filed by Sri S.K.Tripathi, the Hon’ble Apex Court
annulled the determination made by the Full Bench to the effect that for the
recruitment of 1990 13 more direct recruits be taken and directed fresh
recaluculation of vacancies.
Sri
S.K. Srivastava has been allotted vacancy with in quota of Nyayik Sewa
belonging to Recruitment batch 1990 and he has been working as ad-hoc
Additional District & Sessions Judge since 9-6-1996. He was subsequently
appointed in HJS vide Government notification dated 5.12.1998. In view of the
above, he and similarly situated officers are entitled to get their seniority
of Recruitment batch 1990. The objections of Sri S.K. Srivastava are decided
accordingly and office is directed to place Sri Srivastava and similarly placed
officers in the seniority list counting their seniority from 9.6.96.
23. Sri Syed Qutub Uddin, placed at Sl. No. 304 of the TSL has preferred his objections (page nos. 1822-1823 of the compilation) as under:
1. He has
adopted objections filed by Sri S.K. Tripathi (Sl. No. 224), Sri S.Z. Siddiqui,
Sri A.N. Mittal and Sri H.S. Dubey.
His case is similar to Sri S.K.
Srivastava, he has been allotted vacancy within quota belonging to Recruitment
batch 1990 and he is working as ad-hoc Additional District & Sessions Judge
since 7-6-1996. His objections are similarly decided and office is directed to
place him accordingly.
24. Sri Subodh Kumar, placed at Sl. No. 308 of the TSL has preferred his objections (page nos. 1084-1130 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 21-10-1994, he was promoted to HJS under Rule
22 (3) on 10-06-1996 and he has been appointed under Rule 22 (2) in December
1998.
2. While
preparing the tentative seniority list the vacancies have not been calculated
in accordance with law and prouncement of the Hon’ble Apex Court and the
Hon’ble Supreme Court. If vacancies are to be calculated in accordance with law
the objecting requestor will be entitled for vacancy occurred prior to
31-12-92. Therefore, he is entitled to be deemed to have been promoted from the
date when the vacancy was available (prior to 31-12-92) to him in his quota.
3. He has
further requested that he be placed in the seniority list above the first
Direct Recruit of 1988 batch Sri V.K. Mathur.
4. His
appointment in HJS in 1996 was challenged on the judicial side, the writ
petition filed by the candidate Direct Recruit was allowed by the Hon’ble Court
and appointment of objecting requestor was quashed. After that he was
re-appointed under Rule 22 (1) in Recruitment batch 1992 to 1994 and
notification in respect of his appointment was issued on 5-12-98.
5. The
objecting requestor had filed SLP against the judgment dated 30-6-98. His SLP
was decided along with civil appeal no. 5908 of 1997 S.K. Tripathi Vs. State of
UP. The Hon’ble Apex Court held that calculation of vacancies made by the
Hon’ble Court was wrong, therefore directed for fresh exercise in respect of
calculation of vacancies. As the judgment of the Hon’ble Court dated 30-6-98,
whereby the appointment of objecting requestor in HJS was quashed has been set
aside by the Hon’ble Apex Court in S.K. Tripathi’s case, consequently
appointment of the objecting requestor under Rule 22 (2) against the
substantive vacancy in 1990 Recruitment should be restored. Thus, his actual
date of substantive appointment should be 30-7-1996.
His case is similar to Sri S.K.
Srivastava, he has been allotted vacancy within quota belonging to Recruitment
batch 1990 and he is working as ad-hoc Additional District & Sessions Judge
since 10-9-1996. His objections are similarly decided and office is directed to
place him accordingly.
25. Sri Prabhu Ji, placed at Sl. No. 345 of the TSL has preferred his objections (page nos. 1816-1821 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 21-10-1994, he joined HJS on 10-06-1996 but
his seniority has been counted from December 1998. His appointment under Rule
22 (3) was a regular appointment.
2. His
seniority should be determined as per unamended Rule 26 of HJS Rules and UP
Government Servant Seniority Rules, 1991.
3. TSL has
not been prepared in accordance with directions in S.K. Tripathi’s case and UP
JSA’s case.
4. 29 Direct
Recruits who joined the service in August 1996, August 1997 and December 1998
have been wrongly placed above him.
5. He has
requested that his seniority be counted w.e.f. 21-10-1994 i.e. the date of
vacancy available to him and his continuous officiation from 10-6-1996 also be
taken into consideration for computing his seniority and he be placed above the
aforesaid 29 Direct Recruits.
6. He has
requested that his seniority be fixed either from the date of vacancy i.e.
21-10-94 or at the most from 27-5-96 i.e. the date of notification.
He has been promoted to HJS on
5-12-1998. For this recruitment advertisement was published in June 1996 under
Rule 17 (1) of HJS Rules. He has been placed in accordance with Rules existing
at the time of initiation of process for his Recruitment batch. U.P. Govt.
Servant. Seniority Rules, 1991 have not been made in consultation with the High
Court, which is a mandatory requirement for regulating conditions of service of
judicial officers.
In view of decision taken by the
Committee on Issue Nos. 2 to 5 his claim for seniority cannot be accepted. His
objections are accordingly disposed of.
26. Sri V.B. Yadav, placed at Sl. No. 348 of the TSL has preferred his objections (page nos. 1391-1394 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 21-10-1994, he joined HJS on 10-06-1996 but his
seniority has been counted from December 1998. His appointment under Rule 22
(3) was a regular appointment.
2. His
seniority should be determined as per unamended Rule 26 of HJS Rules and UP
Government Servant Seniority Rules 1991.
3. TSL has
not been prepared in accordance with directions in S.K. Tripathi’s case and UP
JSA’s case.
4. 29 Direct
Recruits who joined the service in August 1996, August 1997 and December 1998
have been wrongly placed above him.
5. He has
requested that his seniority be counted w.e.f. 21-10-1994 i.e. the date of
vacancy available to him and his continuous officiation from 10-6-1996 also be
taken into consideration for computing his seniority and he be placed above the
aforesaid 29 Direct Recruits.
He has been promoted to HJS on
5-12-1998. For this recruitment advertisement was published in June 1996 under
Rule 17 (1) of HJS Rules. He has been placed in accordance with Rules existing
at the time of initiation of process for his Recruitment batch. U.P. Govt.
Servant. Seniority Rules, 1991 have not been made in consultation with the High
Court, which is a mandatory requirement for regulating conditions of service of
judicial officers.
In view of decision taken by the
Committee on Issue Nos. 2 to 5 his claim for seniority cannot be accepted. His
objections are accordingly disposed of.
27. Sri D.N. Agarwal, placed at Sl. No. 349 of the TSL has preferred his objections (page nos. 1625-1628 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 21-10-1994, he joined HJS on 10-06-1996 but
his seniority has been counted from December 1998. His appointment under Rule
22 (3) was a regular appointment.
2. His
seniority should be determined as per unamended Rule 26 of HJS Rules and UP
Government Servant Seniority Rules 1991.
3. TSL has
not been prepared in accordance with directions in S.K. Tripathi’s case and UP
JSA’s case.
4. 29 Direct
Recruits who joined the service in August 1996, August 1997 and December 1998
have been wrongly placed above him.
5. He has
requested that his seniority be counted w.e.f. 21-10-1994 i.e. the date of
vacancy available to him and his continuous officiation from 10-6-1996 also be
taken into consideration for computing his seniority and he be placed above the
aforesaid 29 Direct Recruits.
He has been promoted to HJS on
5-12-1998. For this recruitment advertisement was published in June 1996 under
Rule 17 (1) of HJS Rules. He has been placed in accordance with Rules existing
at the time of initiation of process for his Recruitment batch. U.P. Govt.
Servant. Seniority Rules, 1991 have not been made in consultation with the High
Court, which is a mandatory requirement for regulating conditions of service of
judicial officers.
In view of decision taken by the
Committee on Issue Nos. 2 to 5 his
claim for seniority cannot be accepted. His objections are accordingly disposed
of.
28. Sri S.Z. Siddiqui, placed at Sl. No. 350 of the TSL has preferred his objections (page nos. 1537-1541 of the compilation). The grounds mentioned by him in brief are as under:
1. He was
eligible for promotion in HJS on 7-5-1990 but he was promoted to HJS on
7-6-1996 for none of his fault.
2. In
Recruitment batch 1988 only 5 Direct Recruits could have been appointed whereas
24 Direct Recruits have been appointed in excess of their quota.
3. Direct
Recruits have been allotted vacancies in excess of their quota and ceiling
prescribed by Rule 8 (2).
4. UP Govt.
Servant Seniority Rules, 1991 have not been followed. Neither direction no. 3
in S.K. Tripathi’s case has been complied with.
5. Law laid
down by the Hon’ble Supreme Court in Rudra Kumar Sain’s case has not been taken
into consideration.
6. According
to his calculation, vacancy was available for him in the year 1992 but he was
not promoted and he has been wrongly allotted vacancy occurred on 21-10-94.
Principle of rota and quota as prescribed in R.K. Sabharwal’s case has not been
followed.
7. Therefore,
he has requested that his seniority be fixed from the date vacancy was
available to him.
Rudra Kumar Sain’s case has no
application here in view of proviso to Rule 22 (3). In the TSL ceiling
prescribed by proviso to Rule 8 (2) has not been violated. U.P. Govt. Servant.
Seniority Rules, 1991 have not been made in consultation with the High Court,
which is a mandatory requirement for regulating conditions of service of
judicial officers. In view of decision taken by the Committee on Issue Nos. 2
to 5 his objections are without substance, hence rejected.
29. Sri A.N. Mittal, placed at Sl. No. 351 of the TSL has preferred his objections (page nos. 309-319 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
stated that period of continuous officiation in HJS must be counted for
seniority.
2. He has
further stated that old vacancies must be governed by old rules and in absence
of any rules, residuary rules will apply.
3. He has
further stated that while allocating vacancies and fixing seniority in the TSL,
direction nos. 2 and 3 of the case of S.K. Tripathi Vs. State of UP 2001 (6)
Supreme 817 and directions given in UP Judicial Officers’ Association Vs. State
of UP decided on 25-8-04 have not been followed.
4. According
to him, provisions of Rule 3 of UP Government Servants’ Seniority Rules, 1991
have overriding effect. The amended Rules 26
in contradiction with the aforesaid Rules but cannot be implemented.
5. According
to him, amendment in HJS Rules in 1996 and directions given in O.P. Garg’s case
will operate prospectively.
6. According to him, while preparing TSL ceiling as provided by proviso to Rule 8(2) has been violated.
7. He has prayed that his seniority be fixed either from the date of vacancy or from 7-6-96 (date of continuous officiation).
He has been promoted to HJS on
5-12-1998. For this recruitment advertisement was published in June 1996 under
Rule 17 (1) of HJS Rules. He has been placed in the TSL in accordance with
Rules existing at the time of initiation of process for his Recruitment
batch.
In the TSL ceiling prescribed by
proviso to Rule 8 (2) has not been
violated. U.P. Govt. Servant. Seniority Rules, 1991 have not been made in
consultation with the High Court, which is a mandatory requirement for
regulating conditions of service of judicial officers. In view of decision
taken by the Committee on Issue Nos. 2,3,4 & 5 his objections are without
substance, hence rejected.
30. Sri R.S. Yadav, placed at Sl. No. 356 of the TSL has preferred his objections (page nos. 1071-1074 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
stated that he was promoted to HJS under Rule 22 (3) on 24-1-97 and he was
promoted to HJS under Rule 22 (1) in December 1998. He has allotted vacancy
occurred on 31-1-95. In Recruitment batch 1998 only 9 Direct Recruits could
have been appointed in view of first proviso to Rule 8 (2), prior to amendment
in Feb. 1996 as held in WP No. 316 of 2004 judgement dated 3-2-2004.
2. In 1988
Recruitment batch 335 vacancies should have been allocated to UP NS, against
this number only 262 officers were promoted. Thus 68 vacancies remained
unfilled in the quota of promotees. As such the objecting requestor was
entitled to be promoted in 1988 Recruitment year in view of direction no. 3
made by Hon’ble Apex Court in S.K. Tripathi’s case.
3. In K.N. Singh’s case it has been held that for fixing seniority a Direct Recruit has only one date available to him i.e. the date of joining. A promotee officer is entitled to have his seniority counted not from the date of his actual joining but from the date when substantive vacancy occurs in his quota.
4. Therefore, he has requested that in view of the direction in S.K. Tripathi’s case he be deemed to have been promoted in the Recruitment batch 1988 and he be placed above the first Direct Recruit of 1988 batch.
In the TSL ceiling prescribed by
proviso to Rule 8 (2) has not been violated. In view of decision taken by the
Committee on Issue Nos. 2 to 5 his objections are without substance, hence
rejected.
31. Sri A.K. Agarwal-II, placed at Sl. No. 358 of the TSL has preferred his objections (page nos. 1148-1169 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancies occurred on 9-2-1995 and from this date he is entitled
for promotion in UP HJS.
2. He was
promoted toUP HJS in 1996 and joined as ADJ on 13-6-1996.
3. Since
vacancy was available to him and he was promoted after following the prescribed
procedure and he has been continuously working since 13-6-1996, his seniority
at least should be counted from
13-6-1996.
4. Principle
of old vacancy- old rule should be followed in his case
5. UP
Government Servant Seniority Rules, 1991 have overriding effect in view of Rule
3 as settled by Hon’ble Apex Court in Mohan Kumar Vs. State of UP 1998 (2) SLR
SC6.
6. 17 Direct
Recruits of 1988 batch should be pushed down in seniority list in view of
directions made by the Hon’ble Apex Court in S.K. Tripathi’s’ case
7. 13
vacancies unnoticed by the earlier Seniority Committee should be included in
the calculation of vacancies for preparing the TSL.
8. 30
officers of NS have been wrongly allotted vacancies of the year 1989 and 1990
instead of 1988.
9. 33 Direct
Recruits have been wrongly placed together without corresponding placement of
promotee officers.
10. O.P.
Garg’s case is to operate prospectively and temporary vacancies created till
the date (23-4-1991) and occupied by the promotee officers have been wrongly
allotted to the Direct Recruits in the TSL.
11. Seniority of promotee officers be counted from the date of substantive vacancy in the quota or at least from the date of continuous officiation as ADJ.
12. He has requested that he be given an opportunity of personal hearing before finalization of seniority list.
He has been promoted to HJS on
5-12-1998. For this recruitment advertisement was published in June 1996 under
Rule 17 (1) of HJS Rules. He has been placed in accordance with Rules existing
at the time of initiation of process for his Recruitment batch.
In the TSL ceiling prescribed by
proviso to Rule 8 (2) has not been violated. U.P. Govt. Servant. Seniority
Rules, 1991 have not been made in consultation with the High Court, which is a
mandatory requirement for regulating conditions of service of judicial
officers. In view of decision taken by the Committee on Issue Nos. 1 to 5 &
10, his objections are without substance, hence rejected.
32. Sri Vimla Prasad, placed at Sl. No. 360 of the TSL has preferred his objections (page nos. 772-783 of the compilation). The grounds mentioned by him in brief are as under:
1. He was
promoted to HJS on 27-5-1996 and joined as ADJ on 10-6-96.
2. He has
been allotted vacancy occurred on 24-2-95. He has been given seniority in HJS
from 14-12-98 after two and half years continuous officiation.
3. 29 Direct
Recruits who have joined the service after him have been shown senior to him.
4. Amendment
in Rule 26 in 1996 are not in consonance with the directions of the Hon’ble
Apex Court given in O.P. Garg’s case.
5. While
framing new Rule 26 UP Government Servant Seniority Rules, 1991 have not been
kept in mind.
6. Seniority
should have been determined on the principle of old vacancy- old Rules.
7. New Rule
22 (3) and amended Rule 26 deserve to be ignored being violative of Article 14
and 16 of the Constitution.
8. 17 Direct
Recruits of 1988 batch have to be pushed down as these appointments were made
in excess of the quota for Direct Recruits.
9. Directions
given in S.K. Tripathi’s case or guidelines given in UP Judicial Service
Association’s case have not been considered while preparing the TSL.
10. O.P.
Garg’s case is to operate prospectively.
11. Seniority
of promotee officers in HJS shall be counted from the date of substantive vacancy
made available in their quota or at least from the date of their continuous
officiation.
12. His
ad-hoc service may not be ignored for determination of his seniority.
13. The final
seniority list be prepared accordingly
He has been promoted to HJS on
5-12-1998. For this recruitment advertisement was published in June 1996 under
Rule 17 (1) of HJS Rules. He has been placed in accordance with Rules existing
at the time of initiation of process for his Recruitment batch.
In the TSL ceiling prescribed by
proviso to Rule 8 (2) has not been violated. U.P. Govt. Servant. Seniority
Rules, 1991 have not been made in consultation with the High Court, which is a
mandatory requirement for regulating conditions of service of judicial
officers. In view of decision taken by the Committee on Issue Nos. 1, 2, 3, 4
& 5, his objections are without substance, hence rejected.
33. Sri Bankey Lal Misra, placed at Sl. No. 361 of the TSL has preferred his objections (page nos. 1080-1083 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
stated that he was promoted to HJS under Rule 22 (3) on 24-1-97 and he was
promoted to HJS under Rule 22 (1) in December 1998. He has allotted vacancy
occurred on 31-1-95. In Recruitment batch 1998 only 9 Direct Recruits could
have been appointed in view of first proviso to Rule 8 (2), existing prior to
amendment in Feb. 1996 as held in WP No. 316 of 2004 judgement dated 3-2-2004.
2. In 1988
Recruitment batch 335 vacancies should have been allocated to UP NS, against
this number only 262 officers were promoted. Thus 68 vacancies remained
unfilled in the quota of promotees. As such the objecting requestor was
entitled to be promoted in 1988 Recruitment year. In view of direction no. 3
made by Hon’ble Apex Court in S.K. Tripathi’s case.
3. In K.N. Singh’s case it has been held that for fixing seniority a Direct Recruit has only one date available to him i.e. the date of joining. A promotee officer is entitled to have his seniority counted not from the date of his actual joining but from the date when substantive vacancy occurs in his quota.
4. Therefore, he has requested that in view of the direction in S.K. Tripathi’s case he be deemed to have been promoted in the Recruitment batch 1988 and he be placed above the first Direct Recruit of 1988 batch.
In the TSL ceiling prescribed by
proviso to Rule 8 (2) has not been
violated. In view of decision taken by the Committee on Issue Nos. 2 to 5 his
objections are without substance, hence rejected.
34. Sri O.P. Verma, placed at Sl. No. 365 of the TSL has preferred his objections (page nos. 265-268 of the compilation) as under:
1. He has
requested that his seniority may be fixed above the Direct Recruit at Sl. No.
260. According to him, vacancy for his promotion in HJS was available on
28-2-95 and as per HJS Rules prevailing on that date promoted officers were to
be treated as senior to Direct Recruits. But Direct Recruits appointed in HJS
in May 1994, August 1996, August 1997 and December 1998 have been placed above
him.
He has been promoted to HJS on
5-12-1998. For this recruitment advertisement was published in June 1996 under
Rule 17 (1) of HJS Rules. He has been placed in accordance with Rules existing
at the time of initiation of process for his Recruitment batch.
In the TSL ceiling prescribed by
proviso to Rule 8 (2) has not been
violated. In view of decision taken by the Committee on Issue Nos. 2 to 5 his
objections are without substance, hence rejected.
35. Sri J.K. Goel, placed at Sl. No. 369 of the TSL has preferred his objections (page nos. 1192-1196 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 15-3-1995.
2. He is
entitled to have his seniority counted from 15-3-1995 ( the date of vacancy) or
18-11-1995 (vacancy reserved) or alternatively from 24-5-1997 ( the date of
approval) or 25-10-97 (the date of continuous officiation) or at least from
5-12-1998 the date of joining under Rule 22).
3. He has
stated that principle of old vacancy-old rule should be followed in his case.
4. While
preparing the TSL directions given in S.K. Tripathi’s case have not been
complied with.
5. In view
of O.P. Garg’s case he is entitled to get seniority from the date of his
continuous officiation.
6. In view
of law laid down Rudra Kumar Sain’s case his ad-hoc service may not be ignored
while determining his seniority.
He has been promoted to HJS on
5-12-1998. For this recruitment advertisement was published in June 1996 under
Rule 17 (1) of HJS Rules. He has been placed in accordance with Rules existing
at the time of initiation of process for his Recruitment batch.
Rudra Kumar Sain’s case has no
application here in view of proviso to Rule 22(3). In the TSL ceiling
prescribed by proviso to Rule 8 (2) has not been violated. In view of decision
taken by the Committee on Issue Nos. 2 to 5 his objections are without
substance, hence rejected.
36. Sri B.P. Vishwakarma, placed at Sl. No. 370 of the TSL has preferred his objections (page nos. 1950-1953 of the compilation). The grounds mentioned by him in brief are as under:
1. TSL has
been drawn erroneously and Direct Recruits have been grouped together
irrespective of their quota.
2. 17 Direct
Recruits have been appointed in excess of their quota in 1988 batch, 5 Direct
Recruits have been appointed in excess of their quota in 1990 batch, 4 Direct
Recruits have been appointed in excess of their quota in Special Recruitment
Drive in the year 1997.
3. After
adjusting aforesaid Direct Recruits in Recruitment batch 1994 batch only 3
Direct Recruits could have been appointed and remaining 17 could have been
adjusted in Recruitment 2000 appointed in 2005.
4. Seniority
list should have been prepared in accordance with directions in S.K. Tripathi’s
case. and guidelines given in UP JSA’s case.
5. He has
requested that TSL be quashed and a fresh seniority list be prepared.
In the TSL ceiling prescribed by
proviso to Rule 8 (2) has not been
violated. In view of decision taken by the Committee on Issue Nos. 2 to 5 his
objections are without substance, hence rejected.
37. Sri T.M. Khan, placed at Sl. No. 374 of the TSL has preferred his objections (page nos. 1066-1070 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 31-5-1995. Therefore, he is entitled to have
his seniority counted from 31-5-1995.
2. In the alternative, he has stated that in view of direction no. 3 in S.K. Tripathi’s case he is at least entitled to get his seniority reckoned from 18-11-1995 i.e. the date he was approved for promotion to HJS.
3. In the last, he has stated that he was promoted in HJS as stop gap arrangement on 20-1-1997 and he continued to work on the post regularly till he was appointed substantively on 5-12-1998.
In view of decision taken by the
Committee on Issue No. 2 his claim for seniority cannot be accepted, his
objections are disposed of accordingly.
38. Sri A.K. Sharma, placed at Sl. No. 377 of the TSL has preferred his objections (page nos. 1763-1769 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 30-6-1995 and from this date he is entitled
for promotion in UP HJS.
2. He was
promoted to UP HJS in 1996 and joined as ADJ on 28-10-97.
3. Since
vacancy was available to him and he was promoted after following the prescribed
procedure and he has been continuously working since 28-10-97, his seniority at
least should be counted from 28-10-97.
4. Principle
of old vacancy- old rule should be followed in his case.
5. UP
Government Servant Seniority Rules, 1991 have overriding effect in view of Rule
3 as settled by Hon’ble Apex Court in Mohan Kumar Vs. State of UP 1998 (2) SLR
SC6.
6. 17 Direct
Recruits of 1988 batch should be pushed down in seniority list in view of
directions made by the Hon’ble Apex Court in S.K. Tripathi’s’ case
7. 13
vacancies unnoticed by the earlier Seniority Committee should be included in
the calculation of vacancies for preparing the TSL.
8. 30
officers of NS have been wrongly allotted vacancies of the year 1989 and 1990
instead of 1988.
9. 33 Direct
Recruits have been wrongly placed together without corresponding placement of
promotee officers.
10. O.P.
Garg’s case is to operate prospectively and temporary vacancies created till
the date (23-4-1991) and occupied by the promotee officers have been wrongly
allotted to the Direct Recruits in the TSL.
11. Seniority of promotee officers be counted from the date of substantive vacancy in the quota or at least from the date of continuous officiation as ADJ.
12. He has requested that he be given an opportunity of personal hearing before finalization of seniority list.
He has been promoted to HJS on
5-12-1998. For this recruitment advertisement was published in June 1996 under
Rule 17 (1) of HJS Rules. He has been placed in accordance with Rules existing
at the time of initiation of process for his Recruitment batch.
In the TSL ceiling prescribed by
proviso to Rule 8 (2) has not been
violated. U.P. Govt. Servant. Seniority Rules, 1991 have not been made in
consultation with the High Court, which is a mandatory requirement for regulating
conditions of service of judicial officers. In view of decision taken by the
committee on Issue Nos. 1 to 5 & 10, his objections are without substance
hence, rejected.
39. Sri Anurag Kumar, placed at Sl. No. 381 of the TSL has preferred his objections (page nos. 1059-1062 of the compilation). The grounds mentioned by him in brief are as under:
1. He was
promoted to HJS in Oct. 1995 and joined on 27-10-1997.
2. He has
been allotted vacancy occurred on 19-7-1995.
3. He was
approved for promotion in UP HJS in Nov. 1995.
4. Since
vacancy allotted to him has occurred prior to 23-2-1996, this vacancy required
to be filled up in accordance with old rules.
5. In case
of his promotion in HJS expression “ad-hoc stop gap” will have not effect and
his promotion will be deemed to have been made under Rule 22 (1) w.e.f. date of
his approval (direction no. 3 of S.K. Tripathi’s case).
6. He has
prayed that he be placed above all those officers who have been appointed and
joined the service after Nov. 1995.
He has been promoted to HJS on
5-12-1998. For this recruitment advertisement was published in June 1996 under
Rule 17 (1) of HJS Rules. He has been placed in accordance with Rules existing
at the time of initiation of process for his Recruitment batch.
In the TSL ceiling prescribed by
proviso to Rule 8 (2) has not been
violated. In view of decision taken by the Committee on Issue Nos. 2 to 5 his
objections are without substance, hence rejected.
40. Sri B.K. Srivastava, placed at Sl. No. 384 of the TSL has preferred his objections (page nos. 927 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 31-07-1995.
2. He was promoted to HJS in Oct. 1997.
3. He is entitled to get his seniority determined from the date of availability of vacancy i.e. 31-7-1995.
In view of decision taken by the
Committee on Issue No. 2 his claim for seniority cannot be accepted, his
objections are disposed of accordingly.
41. Sri Subhash Chandra-II (Batra), placed at Sl. No. 385 of the TSL has preferred his objections (page nos. 1458-1459 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 31-7-1995, he was approved for promotion to
UP HJS under Rule 20 (1) vide Full Court Resolution dated Nov. 1995.
2. He was
promoted in HJS under Rule 22 (3) in Oct. 1997 and under Rule 22 (1) in Dec.
1998.
3. In view
of direction in S.K. Tripathi’s case, he will be deemed to have been promoted
under Rule 22 (1) w.e.f. Nov. 1995.
4. Direct
Recruits Sri D.B. Jain and four others have been approved in Nov. 1995 and in
violation of unamended Rule 26 they have been placed above the objector.
5. Direct Recruits Sri Naresh Singh and three others appointed in 1997 and Sri Manoj Kumar Singhal and 19 others appointed in 1998 have been placed above the objector.
6. In view of S.K. Tripathi’s case, the objector is entitled to be placed above all the aforesaid Direct Recruits.
7. He has requested that seniority list be corrected accordingly.
He has been promoted to HJS on
5-12-1998. For this recruitment advertisement was published in June 1996 under
Rule 17 (1) of HJS Rules. He has been placed in accordance with Rules existing
at the time of initiation of process for his Recruitment batch.
Rudra Kumar Sain’s case has no
application here in view of proviso to Rule 22(3). In the TSL ceiling
prescribed by proviso to Rule 8 (2) has not been violated. In view of decision
taken by the committee on Issue Nos. 2 to 5 & 10 his objections are without
substance, hence rejected.
42. Sri B.R. Singh, placed at Sl. No. 386 of the TSL has preferred his objections (page nos. 77-79 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 31.07.1995, he was approved for promotion to
HJS under Rule 22(1) on November 1995.
2. He was promoted
to HJS under Rule 22(3) in 24.10.1997 and he was appointed in HJS under Rule
22(1) in December 1998.
3. In view
of S.K. Tripathi’s case and Rudra Kumar Sain’s case, he should be deemed to
have been promoted under Rule 22(1) from November 1995.
4. He has
requested that he should be deemed to have been appointed under Rule 22 (1)
w.e.f. the date of his approval i.e. November 1995.
Rudra Kumar Sain’s case has no
application here in view of proviso to Rule 22(3). In view of decision taken by
the Committee on Issue No. 2 his claim for seniority cannot be accepted, his
objections are disposed of accordingly.
43. Sri Bharat Bhushan, placed at Sl. No. 392 of the TSL has preferred his objections (page nos. 484-490 of the compilation). The grounds mentioned by him in brief are as under:
1. He was
promoted as Additional District Judge in October 1997.
2. Vacancy
occurred on 30.09.1995 has been allotted to him.
3. He is
entitled to get his seniority determined according to Rule 26(un-amended)
4. Appointment
of 17 Direct Recruits in 1994 have been held to be irregular.
5. In view
of settled legal position he is entitled to be treated senior to Direct
Recruits who joined service in 1994, 1996, 1997 and 1998.
He has been promoted to HJS on
5-12-1998. For this recruitment advertisement was published in June 1996 under
Rule 17 (1) of HJS Rules. He has been placed in accordance with Rules existing
at the time of initiation of process for his Recruitment batch.
In the TSL ceiling prescribed by
proviso to Rule 8 (2) has not been violated.
In view of decision taken by the Committee on Issue Nos. 2 to 5 his objections
are without substance, hence rejected.
44. Sri Z.U. Khan, placed at Sl. No. 394 of the TSL has preferred his objections (page nos. 50-51 & 645-646 of the compilation) as under:
1. He has
requested that date of availability of substantive vacancy i.e. 31-12-95 for
his promotion in HJS be treated as date relevant for fixation of seniority.
In view of decision taken by the
Committee on Issue No. 2 his claim for seniority cannot be accepted, his
objections are disposed of accordingly.
45. Sri S.K. Srivastava, placed at Sl. No. 397 of the TSL has preferred his objections (page nos. 1666-1667 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 18-1-96, he has joined HJS on 4-4-1998.
2. His
seniority has been determined under amended Rule 26 whereas his appointment had
been made against the vacancy occurred on 18-01-96.
3. Principle of old vacancy-old rule will be applicable in his case and he is entitled to get seniority from the date of continuous officiation.
4. He has requested that he be placed above the Direct Recruits who have joined after 4-4-98.
He has been promoted to HJS on
5-12-1998. For this recruitment advertisement was published in June 1996 under
Rule 17 (1) of HJS Rules. He has been placed in accordance with Rules existing
at the time of initiation of process of his Recruitment batch.
In view of decision taken by the
Committee on Issue Nos. 2 to 5 his objections are without substance, hence
rejected.
46. Sri V.S. Rana, placed at Sl. No. 400 of the TSL has preferred his objections (page nos. 1857-1862 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 31.1.96, he is working in HJS from 1-4-98 and -12-98
2. His
seniority should be counted from 31.1.96as held in O.P. Garg’s case.
3. He was
approved for promotion in 1995 in view of direction no. 3 in S.K. Tripathi’s
case he is entitled to be promoted from 31.1.96.
4. Direct
Recruits who were appointed after 31-3-98 (Sl. Nos. 289, 291 and so on upto Sl.
No. 323) have been wrongly placed above him.
5. Direct
Recruits of 1988 batch and of all subsequent batches if found appointed in
excess of their quota they are to be down placed.
6. These Direct Recruits are not entitled to be grouped together.
7. He has requested that his seniority be re-fixed accordingly.
As per TSL ceiling prescribed by
proviso to Rule 8 (2) has not been violated. In view of decision taken by the
Committee on Issue Nos. 2 to 5 & 10 his objections are without substance,
hence rejected.
47. Sri Sunil Kumar Gupta, placed at Sl. No. 403 of the TSL has preferred his objections (page nos. 271-273 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
stated that he was promoted under Rule 22 (1) to UP HJS on 11-12-1998. He has
been allotted vacancy occurred on 22-3-1996. In view of settled legal position,
he is entitled for promotion from that date.
2. He has requested that his seniority be fixed w.e.f. 22-3-1996 (date of vacancy).
In view of decision taken by the
Committee on Issue No. 2 his claim for seniority cannot be accepted, his
objections are disposed of accordingly.
48. Sri Arun Kumar, placed at Sl. No. 404 of the TSL has preferred his objections (page nos. 1837-1844 of the compilation). The grounds mentioned by him in brief are as under:
1. He was
promoted to HJS in Dec. 1998 and joined as ADJ on 16-12-98.
2. Seniority
of HJS officers is to be determined under Rule 26 on the basis of rotational
appointment under Rule 22 (2).
3. Provisions
of Rule 22 (2) are violative of Art. 14 and 16. Consequently, provisions of
Rule 26 are also violative of Art. 14 and 16.
4. The TSL has been prepared without considering directions in S.K. Tripathi’s case and guidelines given in UP JSA’s case.
5. UP Government Servant Seniority Rules, 1991 are applicable to HJS officers also in view of Rule 3.
6. He has requested that his seniority be re-considered in the light of submission made above.
So far as ground No. 3 is concerned,
constitutionality of the Rules will be examined on judicial side, the Committee
has to proceed in accordance with existing Rules governing seniority. Regarding
ground No. 5 it has been held earlier that the U.P. Government Servants
Seniority Rules,1991 will have no application here. The ground mentioned at No.
4 is also without substance. The judgment given in U.P.J.S.A.’s case is under
challenge before the Hon'ble Apex Court. Directions in S.K. Tripathi’s case
have been complied with.
Grounds mentioned by the
objector are without substance and disposed of accordingly.
49. Sri L.P. Pandey-I, placed at Sl. No. 410 of the TSL has preferred his objections (page nos. 1268-1269 of the compilation). The grounds mentioned by him in brief are as under:
1. He has been
allotted vacancy occurred on 14-07-1996.
2. He has
been promoted to UP HJS 12-12-1998
3. As held
in O.P. Garg’s case and K.N. Singh’s case seniority of Direct Recruits shall be
counted from the date of their joining the service and seniority of promoted officers
shall be counted from the date of availability of vacancy within their quota.
4. He had
requested that his seniority be fixed according to law stated above.
In view of decision taken by the Committee on Issue
Nos. 2 & 3 his claim for seniority cannot be accepted. His objections are
accordingly disposed of.
50. Sri Dilip Kumar, placed at Sl. No. 411 of the TSL has preferred his objections (page nos. 1270-1290 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
stated that he has been allotted vacancy arose on 15-7-1996 as such he was
entitled to promotion to UP HJS from that date.
2. He was
promoted to HJS on 11-12-1998. His promotion was delayed for reasons not
attributable to him as such he cannot be deprived of his seniority w.e.f.
15-7-1996.
3. Validity
of amended rule 26 is under challenge before the Hon’ble Court in WP No. 2011
(S/B) of 1999 and WP No. 834 (S/B) of 2006.
4. Provisions
of amended rules 26 are violative of provisions of Rule 3 and Rule 8 of UP
Government Servant Seniority Rules, 1991. By virtue of Rule 3 of Seniority
Rules the provisions of amended rule will not been applicable for determination
of seniority of the objecting requestor.
5. The TSL has been prepared without complying with the directions of the Hon’ble Apex Court made in S.K. Tripathi’s case and guidelines given by the Hon’ble Court in UP JSA’s case
6. He has requested that his seniority be counted from the date of vacancy i.e. 15-07-1996 was made available to him.
Constitutionality of the Rules
will be examined on judicial side, the Committee has to proceed in accordance
with existing Rules governing seniority. It has been held earlier that the U.P.
Government Servants Seniority Rules, 1991 will have no application here. The
judgment given in U.P.J.S.A.’s case is under challenge before the Hon'ble Apex
Court. Directions in S.K. Tripathi’s case have been complied with.
In view of the decision taken by
the Committee on Issue Nos. 2,3 & 13 his claim for seniority cannot be
accepted. His objections are accordingly disposed of.
51. Sri Vijay Verma, placed at Sl. No. 413 of the TSL has preferred his objections (page nos. 1170-1190 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
stated that he has been allotted vacancy arose on 31-7-1996 as such he was
entitled to promotion to UP HJS from that date.
2. He was
promoted to HJS on 11-12-1998. His promotion was delayed for reasons not
attributable to him as such he cannot be deprived of his seniority w.e.f.
31-7-1996.
3. Validity
of amended rule 26 is under challenge before the Hon’ble Court in WP No. 2011
(S/B) of 1999 and WP No. 834 (S/B) of 2006.
4. Provisions of amended Rule 26 are violative of provisions of Rule 3 and Rule 8 of UP Government Servant Seniority Rules, 1991. As by virtue of Rule 3 of Seniority Rules the provisions of amended rule will not been applicable for determination of seniority of the objecting requestor.
5. The TSL has been prepared without complying with the directions of the Hon’ble Apex Court made in S.K. Tripathi’s case and guidelines given by the Hon’ble Court in UP JSA’s case
6. He has requested that his seniority be counted from 31-7-1996 i.e. the date of availability of vacancy.
Constitutionality of the Rules
will be examined on judicial side, the Committee has to proceed in accordance
with existing Rules governing seniority. It has been held earlier that the U.P.
Government Servants Seniority Rules, 1991 will have no application here. The
judgment given in U.P.J.S.A.’s case is under challenge before the Hon'ble Apex
Court. Directions in S.K. Tripathi’s case have been complied with.
In view of the decision taken by
the Committee on Issue Nos. 2,3 & 13 cannot be accepted. His objections are
accordingly disposed of.
52. Sri D.K. Saxena, placed at Sl. No. 415 of the TSL has preferred his objections (page nos. 1452 of the compilation). The grounds mentioned by him in brief are as under:
1. Direct
Recruits have not been placed in TSL as per quota rota rule.
2. He was
promoted to HJS in clear vacancy between years 1992 to 1994, he has been
wrongly allotted vacancy occurred on 12-8-1996.
3. He has
requested that seniority list be revised accordingly.
He has been promoted in
Recruitment Batch-1992-1994, whose block period ends on 31.12.1997, he has been
allotted vacancy relating to his Recruitment batch. In view of the above and
decision taken by the Committee on Issue Nos. 2,3 and 10, his request cannot be
accepted, his objections are disposed accordingly.
53.
Sri A.K.
Srivastava-II, placed at Sl. No. 416 of the TSL has preferred his
objections (page nos. 1730-1731 of the compilation). The grounds mentioned by
him in brief are as under: -
1.
He has been appointed in
HJS under Rule 22 (1) w.e.f. 11-7-98, his date of appointment has been wrongly
shown as “ 6-2003”.
2.
In S.K. Tripathi’s case
it has been settled that there were only 5 vacancies for Direct Recruitment in
the year 1988
3.
In pursuance of Direction
no. 3 in S.K. Tripathi’s case it was necessary to calculate the number of
vacancies available to Direct Recruits in Recruitment batch 1988.
4.
He has requested that his
date of appointment be corrected accordingly.
In view of the decision taken by the Committee on Issue Nos. 4 &
5, his ground Nos.2 & 3 are without substance, hence rejected.
He has also
requested for correction of date of appointment mentioned in column no. 3 of
the TSL. His date of appointment has been shown as “6-2003”, according to him
he has been appointed w.e.f. 11-07-1998.
He has been given
appointment with deemed date i.e. 11.7.98, in view of his appointment order
vide Government notification dated 20.6.2003, TSL be corrected as prayed by
him.
54. Km. Sudha Singh, placed at Sl. No. 421 of the TSL has preferred her objections (page nos. 2025-2030 of the compilation). The grounds mentioned by her in brief are as under:
1. Seniority
list has not been prepared in accordance with directions given in S.K.
Tripathi’s case and guidelines laid down in JSA’s case.
2. Recruitment
for various batches from 1988 have not commenced within the time framed
prescribed by the Rules.
3. Recruitment
from the bar has been made in excess of their quota in various recruitment from
1988 batch and onward, whereas promotion from UP Nyayik Sewa has not been made
to fill vacancies available in the quota of NS.
4. Direct
Recruits (Sl. Nos. 289, 291 and so on upto 327) have been wrongly placed above
the officers of NS.
5. All
vacancies existing before 1988 should have been filled up from the promotees.
6. She has
been allotted vacancy occurred on 10.11.1996 and she was approved for promotion
on 11-7-1998.
7. She has
been promoted under Rule 22 (1) in December 1998.
8. She has
prayed that her seniority be fixed as per directions in S.K. Tripathi’s case
and she should be deemed to have been promoted on 10.11.1996.
The judgment given in
U.P.J.S.A.’s case is under challenge before the Hon'ble Apex Court. Directions
in S.K. Tripathi’s case have been complied with.
In view of decision taken by the Committee on Issue Nos. 2,3,4,5, 10 & 13 her request for seniority cannot be accepted. Her objections are accordingly disposed of.
55. Sri Ram Kumar Gupta, placed at Sl. No. 425 of the TSL has preferred his objections (page nos. 274-275 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
stated that he has been allotted vacancy occurred on 30-11-1996. He was
promoted to UP HJS on 16-2-99, he is entitled for promotion on 30-11-1996.
2. He has requested that his seniority be reckoned from the date of availability of vacancy i.e. 30-11-1996.
In view of the decision taken by
the Committee on Issue Nos. 2 & 3 his claim for seniority cannot be
accepted. His objections are accordingly disposed of.
56. Sri D.N. Srivastava, placed at Sl. No. 426 of the TSL has preferred his objections (page nos. 1673-1676 of the compilation). The grounds mentioned by him in brief are as under:
1. He has been
allotted vacancy occurred on 2-1-1997, he was promoted under Rule 22 (3) on
18-2-1999 but he has been given seniority from 26-5-05 meaning thereby his
services between 18-2-1999 to 26-5-2005 have not been taken into consideration.
2. In S.K.
Tripathi’s case it has been held that seniority of promotee officers should be
determined from the date of vacancy occurred in his quota.
3. Existing Rule 22 (2) and 26 ought to be amended and vacancy should be allotted in the ratio of 85:15 for NS and DR. This submission is fortified from the view expressed by the Hon’ble Supreme Court in P.S. Mahal’s case.
4. He has requested that he be deemed to have been promoted from 2-1-97 and his seniority be determined accordingly.
In view of the decision taken by
the Committee on Issue Nos. 2,3 & 10 his claim for seniority cannot be
accepted. His objections are accordingly disposed of.
57. Sri Rahul Misra, placed at Sl. No. 428 of the TSL has preferred his objections (page nos. 2007 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 3.2.97. Therefore, he is entitled to have his
seniority counted from 3.2.97.
2. In the alternative, he has stated that in view of direction no. 3 in S.K. Tripathi’s case he is at least entiled to get his seniority reckoned from 18-11-1995 i.e. the date he was approved for promotion to HJS.
3. In the last, he has stated that he was promoted to HJS as stop gap arrangement on 25.5.99 and he continued to work on the post regularly till he was appointed substantively on 20.5.2005.
In view of decision taken by the
Committee on Issue No. 2 his claim for seniority cannot be accepted, his
objections are disposed accordingly.
58. Sri Yogesh Kumar, placed at Sl. No. 435 of the TSL has preferred his objections (page nos. 1957-1959 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 7.4-1997, he was approved for promotion to UP
HJS under Rule 22 (1) on 11-7-1998.
2. He was
promoted to HJS under Rule 22 (3) on 19-2-1999, he was appointed in HJS in May
2005 under Rule 22 (1).
3. In view
of Direction no. 3 in S.K. Tripathi’s case and law down in Rudra Kumar Sain’s
case he should be deemed to have been appointed in HJS under Rule 22 (1) from
the date of his approval i.e. 11-7-1998.
4. He has
requested that seniority list be corrected accordingly.
Rudra Kumar Sain’s case has no
application here in view of provisions contained in proviso to Rule 22 (3). In
view of the decision taken by the Committee on Issue Nos. 2 & 3 his claim
for seniority cannot be accepted. His objections are accordingly disposed of.
59. Sri R.A. Kaushik, placed at Sl. No. 442 of the TSL has preferred his objections (page nos. 697-701 of the compilation). The grounds mentioned by him in brief are as under:
1. He was
promoted as ADJ on 12-2-1999
2. He has
been allotted vacancy occurred on 25-07-1997. Therefore, he was eligible for
promotion on 25-07-1997.
3. His
seniority has been fixed from May 2005 after continuous officiation of six
years and three months.
4. For Recruitment batch 1988, 25 Direct Recruits were recommended to be appointed. Direct Recruits appointed in excess of vacancies have to be pushed down in the seniority list in view of law laid down in K.N. Singh’s case and direction no. 3 of S.K. Tripathi’s case as well as guideline no. 3 of the Hon’ble Court in UP J.S.A.’s case. He be deemed to have been promoted on 25-07-1997 i.e. date of vacancy.
5. He has requested that he be placed before Sri Naresh Singh (Sl. No. 284).
In view of the decision taken by
the Committee on Issue Nos. 2,3,4 & 5 his claim for seniority cannot be
accepted. His objections are accordingly disposed of.
60. Sri Ambrish Kumar, placed at Sl. No. 447 of the TSL has preferred his objections (page nos. 2021-2024 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 8-9-97.
2. In S.K.
Tripathi’s case it has been held that seniority of promotee officers should be
determined from the date of vacancy occurred in his quota.
3. Existing
Rule 22 (2) and 26 ought to be amended and vacancy should be allotted in the
ratio of 85:15 for NS and DR. This submission is fortified from the view
expressed by the Hon’ble Supreme Court in P.S. Mahal’s case.
4. He is
entitled to be promoted from 8-9-1997 and Direct Recruits who have joined
service after that date be placed below him.
In view of the decision taken by the Committee on Issue Nos. 2,3 & 10 his claim for seniority cannot be accepted. His objections are accordingly disposed of.
61. Sri Subhash Chandra-III, placed at Sl. No. 448 of the TSL has preferred his objections (page no. 1975 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 8-9-1997, he was promoted to HJS on 16-2-1999
but he has been given seniority from 19-5-2005.
2. He has
requested that he be given seniority from 16-2-1999.
In view of the decision taken by the Committee on
Issue No. 2 his claim for seniority cannot be accepted. His objections are
accordingly disposed of.
62. Sri S.K. Pandey, placed at Sl. No. 452 of the TSL has preferred his objections (page nos. 1246-1251 of the compilation). The grounds mentioned by him in brief are as under:
1. Seniority
list has not been prepared in accordance with directions given in S.K.
Tripathi’s case and guidelines laid down in JSA’s case.
2. Recruitment
for various batches from 1988 have not commenced within the time framed
prescribed by the Rule.
3. Recruitment
from the bar has been made in excess of their quota in various recruitment from
1988 batch and onward, whereas promotion from UP Nyayik Sewa has not been made
to fill the vacancies available in the quota of NS.
4. Direct
Recruits (Sl. Nos. 289, 291 and so on upto 327) have been wrongly placed above
the officers of NS.
5. All
vacancies existing before 1988 should have been filled up from the promotees.
6. He has
been allotted vacancy occurred on 8-9-1997 and he was approved for promotion on
11-7-1998.
7. He should
have been promoted in December 1998.
8. His
appointment under Rule 22 (3) appears to be wrong and he is entitled to have
been promoted and appointed in previous recruitment and his seniority should be
counted from the date where vacancy was available to him i.e. 8-9-1997.
9. In view
of Rudra Kumar Sain’s case his ad-hoc service under Rule 22 (3) may not be
ignored while fixing the seniority.
10. Determination of seniority as per rotational appointment under Rule 22 (2) is against justice and equity and all posts of DJ should be allocated proportionately to both the sources.
11. He has prayed that his seniority be fixed according to law and he should be given an opportunity of personal hearing.
The judgment given in
U.P.J.S.A.’s case is under challenge before the Hon'ble Apex Court. Directions
in S.K. Tripathi’s case have been complied with.
Raudra Kumar Sain’s case has no
application here in view of provisions contained in proviso to Rule 22 (3).
In view of the decision taken by
the Committee on Issue Nos. 2,3,4,5,10 & 13 his claim for seniority cannot be accepted. His objections are
accordingly disposed of.
63. Sri Deepak Kumar (TSL No. 454), Sri Abhai Kumar (TSL No. 509), Sri Indrajeet Verma (TSL No. 544), Sri R.P. Singh (TSL No. 578), Sri K.P. Singh (TSL No. 662), Sri S.N. Agnihotri (TSL No. 668), Sri A.K. Saxena (TSL No. 704), Sri U.C. Tripathi (TSL No. 713), Sri S.K. Vishwakarma, Sri J.K. Tiwari, Sri America Singh, Sri Subedar Yadav, Sri R.N. Pandey, Smt. Sangeeta Srivastava, Sri Ajay Kumar Srivastava have preferred their objections (page nos. 702-711 of the compilation). The grounds mentioned by them in brief are as under:
1. They have
adopted the representation dated 10-07-06 made by Sri S.K. Tripathi, President,
UP Judicial Services Association. Main grounds of the representation are as
follows:-
i. That
earlier seniority list prepared by the Seniority Committee was circulated by
Court’s letter dated 6-5-1992.
ii. The
earlier seniority list was challenged by Sri J.B. Singh and others before
Hon’ble Court, Lucknow Bench in WP No. 3054/1992 which was ultimately
dismissed.
iii. The
Direct Recruits also challenged that list in WP No. 33297/1992 K.N. Singh Vs.
State of UP and others and WP No. 3082/92 J.C. Gupta and another Vs. State of
UP. These petitions were also dismissed by five Judges’ Bench on 12-01-99.
iv. According
to these decisions, it is well settled that Direct Recruit is not entitled for
seniority from a date prior to his date of joining the service. The date of
vacancy available to a Direct Recruit has no relevance in the matter of
seniority.
v. Seniority
rule was amended w.e.f. 23-2-1996.
vi. Vacancies
occurred in the service prior to the said date are to be filled in accordance
with Rules as applicable prior to the amendment
vii. After amendment of Rule 26 in 1996, Rule 22 (2) has not been amended, which provides for rotation of vacancies in the ratio 50:50 which is not in conformity with the quota of respective sources i.e. 85:15. According to the Apex Court in P.S. Mahal’s case roster has to be in conformity with quota rule.
viii. Request has been made that officers appointed on vacancies occurred prior to amendment of Rules are entitled to get their seniority determined as per Rule 26 (unamended) and officers appointed on vacancies occurred after 23-2-1996 are entitled to get the roster be prepared in accordance with the quota of 85:15 as contemplated by Rule 6.
In P. Mohan Reddy Vs. E.A.A.
Charles AIR 2001 Supreme Court Page 1210 the Hon'ble Supreme Court has made the
following observation: -
“A conspectus of the aforesaid decisions of this
Court would indicate that even though an employee cannot claim to have a vested
right to have a particular position in any grade, but all the same he has the
right of his seniority being determined in accordance with the Rules which
remained in force at the time when he was borne in the cadre.”
In view of decision taken by the
Committee on Issue Nos. 2,3 and 10 grounds raised by the objectors appear to be
without substance. Rest of the grounds stands answered by the observation
quoted above. Thus their objections are devoid of merit and disposed of
accordingly.
64. Sri A.K. Tripathi, placed at Sl. No. 455 of the TSL has preferred his objections (page nos. 1216 of the compilation). The grounds mentioned by him in brief are as under:
1. He was
promoted to HJS in Feb. 1999.
2. While
fixing the seniority, period from 13-2-1999 to May 2005 has not been taken into
consideration.
3. His
seniority has not been fixed as per directions of the Hon’ble Apex Court in
S.K. Tripathi’s case.
4. He has
prayed that his seniority be fixed from the date of availability of vacancy in
quota for him.
In view of the decision taken by
the Committee on Issue Nos. 2 & 3 his claim for seniority cannot be
accepted. His objections are accordingly disposed of.
65. Sri V.K. Tyagi, placed at Sl. No. 462 of the TSL has preferred his objections (page nos. 262-264 of the compilation) as under:
1. He has
stated that in the TSL his date of joining under Rule 22 (1) has been wrongly
shown as 21-8-05 instead of 21-5-05. He is working as Additional District &
Sessions Judge on ad-hoc basis since February 1999. He has been allotted
vacancy occurred on 8-9-1997. Therefore, he may be treated as promoted under
Rule 22(1) w.e.f. 20-2-99 and his seniority be fixed accordingly.
In view of the decision taken by
the Committee on Issue No. 2 his claim for seniority cannot be accepted. His
Objections are accordingly disposed of.
66. Sri U.S. Awasthi, placed at Sl. No. 464 of the TSL has preferred his objections (page nos. 47-49 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
requested that date of availability of substantive vacancy i.e. 8-9-97 for his
promotion to HJS be treated as date relevant for fixation of seniority.
2. He further requested that his service in HJS cadre from the year 1999 to 2005 be also taken in consideration for fixation of his seniority.
In view of the decision taken by the Committee on
Issue No. 2 his claim for seniority cannot be accepted. His objections are
accordingly disposed of.
67. Sri A.K. Rastogi-II, placed at Sl. No. 468 of the TSL has preferred his objections (page nos. 2042-2044 of the compilation). The grounds mentioned by him in brief are as under:
1. TSL has
been drawn erroneously and Direct Recruits have been grouped together
irrespective of their quota.
2. 17 Direct
Recruits have been appointed in excess of their quota in 1988 batch, 5 Direct
Recruits have been appointed in excess of their quota in 1990 batch, 4 Direct
Recruits have been appointed in excess of their quota in Special Recruitment
Drive in the year 1997.
3. After
adjusting aforesaid Direct Recruits in Recruitment batch 1992-1994 only 3
Direct Recruits could have been appointed and remaining 17 could have been
adjusted in Recruitment 2000 appointed in 2005.
4. Seniority
list should have been prepared in accordance with directions in S.K. Tripathi’s
case and guidelines given in UP JSA’s case.
5. He has requested
that TSL be quashed and a fresh seniority list be prepared.
In the TSL ceiling prescribed by
proviso to Rule 8 (2) has not been
violated. In view of decision taken by the Committee on Issue Nos. 2 to 5 &
10 his objections are without substance, hence rejected.
68. Sri G.N. Sinha, placed at Sl. No. 470 of the TSL has preferred his objections (page nos. 1204-1205 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 12-09-97.
2. He has
joined on 26-5-05 pursuant to his
promotion to HJS under Rule 22 (1).
3.
His service in HJS from 12-2-99 to 25-5-05 has been
ignored while fixing the seniority w.e.f. 26-5-05.
4.
He has prayed that his seniority be counted since 12-2-99
i.e. the date he was promoted to HJS.
In view of the decision taken by
the Committee on Issue No. 2 his claim for seniority cannot be accepted. His
objections are accordingly disposed of.
69. Sri Ahmad Naseem, placed at Sl. No. 472 of the TSL has preferred his objections (page nos. 694-696 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted substantive vacancy occurred on 12-09-1997.
2. He was
approved for promotion to UP HJS on 11-07-1998.
3. He was
promoted to UP HJS on Feb. 1999 under Rule 22(3).
4. In view
of Apex Court direction in S.K. Tripathi’s case he shall be deemed to have been
appointed in UP HJS under Rule 22 (1) w.e.f. 11-07-1998.
5. His
service from Feb. 1999 to May 2005 may not be ignored in view of Hon’ble Apex
Court’s pronouncement in Rudra Kumar Sain’s case.
6. He has
prayed that his seniority be fixed accordingly.
Rudra Kumar Sain’s case has no
application here in view of provisions contained in proviso to Rule 22 (3). In
view of the decision taken by the Committee on Issue No. 2 his claim for
seniority cannot be accepted. His objections are accordingly disposed of.
70. Sri B.C. Saxena, placed at Sl. No. 475 of the TSL has preferred his objections (page nos. 2018 of the compilation). The grounds mentioned by him in brief are as under:
1. Spelling
of his name has not been shown correctly in the TSL.
2. TSL has
not been prepared according to direction in S.K. Tripathi’s case.
3. He has been allotted vacancy occurred on 12-9-97. He has been promoted to HJS on 12-2-1999.
4. he has requested that he must be treated to be promoted under Rule 22 (1) w.e.f. 12-2-99. and his seniority be fixed accordingly.
In view of the decision taken by
the Committee on Issue No. 2 his claim for seniority cannot be accepted. His
objections are accordingly disposed of.
71. Sri P.K. Srivastava-I, placed at Sl. No. 478 of the TSL has preferred his objections (page nos. 1932-1934 of the compilation). The grounds mentioned by him in brief are as under:
1. TSL has
been drawn in contravention of HJS Rules.
2.
Appointments of 17 Direct Recruits of 1988 batch
have been made in excess of their quota.
3. The TSL should have been prepared in accordance with in S.K. Tripathi’s case.
4. He has requested that TSL be quashed and fresh seniority list be prepared.
In view of the decision taken by the Committee on Issue Nos. 2 to 5
objections of Shri Srivastava are without substance, hence rejected.
72. Sri Jai Jai Ram Pandey, placed at Sl. No. 479 of the TSL has preferred his objections (page nos. 2034-2039 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 12-9-1997, he was promoted to HJS under Rule
22 (3) on 16-2-99 and he was appointed under Rule 22 (1) on 17-5-05.
2. He is
entitled to get this promotion with effect from 12-9-1997, in view of direction
of the Hon’ble Apex Court in S.K. Tripathi’s case he is entitled to reckon his
seniority from this date.
3. TSL has
been drawn in contravention of HJS Rules and Direct Recruits of three batches
have been wrongly grouped together.
4. He has
requested that his seniority be fixed after calculating the vacancies as per
S.K. Tripathi’s case and UP JSA’s case.
In view of the decision taken by
the Committee on Issue Nos. 2 to 5 & 10his claim for seniority cannot be
accepted. His objections are accordingly disposed of.
73. Sri R.H. Zaidi, placed at Sl. No. 480 of the TSL has preferred his objections (page nos. 1295-1297 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been promoted to HJS in Feb. 1999.
2. He has
been allotted vacancy occurred on 12-9-1997.
3. He was
approved for promotion to UP HJS by the Hon’ble Full Court resolution dated
11-7-98.
4. In view
of direction no. 3 in S.K. Tripathi’s case, he is entitled for his promotion on
the date of approval i.e. 11-7-98.
5. In view
of Rudra Kumar Sain’s case his service under Rule 22 (3) may not be ignored
while fixing the seniority.
6. As per
law laid down in O.P. Garg’s case and S.K. Tripathi’s case Direct Recruits
appointed after 12-9-1997 cannot be placed above him.
7. He has
requested that seniority list be corrected accordingly.
Rudra Kumar Sain’s case has no
application here in view of provisions contained in proviso to Rule 22 (3). In
view of the decision taken by the Committee on Issue Nos. 2 & 3 his claim
for seniority cannot be accepted. His objections are accordingly disposed of.
74. Sri Shyam Vinod, placed at Sl. No. 481 of the TSL has preferred his objections (page nos. 1971-1972 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 12-9-1997, he was promoted to HJS on
12-2-1999 but he has been given seniority from 21-5-2005.
2. He is entitled to have his seniority counted from 12-2-1999.
3. He has requested that seniority list be corrected accordingly.
In view of the decision taken by
the Committee on Issue No. 2 his request for seniority cannot be accepted. His
objections are accordingly disposed of.
75. Sri Raghvendra Kumar, placed at Sl. No. 482 of the TSL has preferred his objections (page nos. 469-471 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 12.09.1997, he was approved for promotion to
HJS under Rule 22(1) on 11.07.1998.
2. He was
promoted to HJS under Rule 22(3) in February 1999.
3. In view of S.K. Tripathi’s case and Rudra Kumar Sain’s case, he should be deemed to have been promoted under Rule 22(1) on 11.07.1998.
4. He has requested that he should be deemed to have been appointed under Rule 22 (1) w.e.f. the date of his approval i.e. 11-07-98.
Rudra Kumar Sain’s case has no
application here in view of provisions contained in proviso to Rule 22 (3). In
view of the decision taken by the Committee on Issue No. 2 his claim for
seniority cannot be accepted. His objections are accordingly disposed of.
76. Sri Shashank Shekhar, placed at Sl. No. 486 of the TSL has preferred his objections (page nos. 104-106 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 12.09.1997, he was approved for promotion to
HJS under Rule 22(1) on 11.07.1998.
2. He was
promoted to HJS under Rule 22(3) in February 1999.
3. In view of S.K. Tripathi’s case and Rudra Kumar Sain’s case, he should be deemed to have been promoted under Rule 22(1) on 11.07.1998.
4. He has requested that he should be deemed to have been appointed under Rule 22 (1) w.e.f. the date of his approval i.e. 11-07-98.
Rudra Kumar Sain’s case has no
application here in view of provisions contained in proviso to Rule 22 (3). In
view of the decision taken by the Committee on Issue No. 2 his claim for
seniority cannot be accepted. His objections are accordingly disposed of.
77. Sri Ajay Verma, placed at Sl. No. 490 of the TSL has preferred his objections (page nos. 1813-1814 of the compilation). The grounds mentioned by him in brief are as under:
1. He was
promoted to HJS in Feb. 1999, he has been allotted vacancy occurred on 12-9-97.
2. His seniority has been determined from the date of his notional promotion i.e. 1-6-05.
3. He has requested that he be given seniority w.e.f. 12-9-97 and Direct Recruits who have joined the service in Dec. 1998 be placed below him.
In view of the decision taken by
the Committee on Issue Nos. 2 & 3 his claim for seniority cannot be
accepted. His objections are accordingly disposed of.
78. Sri S.N.A. Zaidi, placed at Sl. No. 496 of the TSL has preferred his objections (page nos. 80-82 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 12.09.1997, he was approved for promotion to
HJS under Rule 22(1) on 11.07.1998.
2. He was
promoted to HJS under Rule 22(3) in February 1999.
3. In view
of S.K. Tripathi’s case and Rudra Kumar Sain’s case, he should be deemed to
have been promoted under Rule 22(1) on 11.07.1998.
4. He has
requested that he should be deemed to have been appointed under Rule 22 (1)
w.e.f. the date of his approval i.e. 11-07-98.
Rudra Kumar Sain’s case has no
application here in view of provisions contained in proviso to Rule 22 (3). In
view of the decision taken by the Committee on Issue No. 2 his claim for
seniority cannot be accepted. His objections are accordingly disposed of.
79. Sri Riyasat Hussain, placed at Sl. No. 500 of the TSL has preferred his objections (page nos. 83-85 & 1007-1008 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
requested that he should be deemed to have been appointed under Rule 22 (1)
w.e.f. the date of his approval i.e. 11-07-98.
2. He has been allotted vacancy occurred on 12-9-1997, he was approved for promotion on 11-7-1998.
3. In view of the observation in S.K. Tripathi’s case he is entitled to get seniority from the date, he ought to have been promoted in HJS.
In view of the decision taken by
the Committee on Issue No. 2 his claim of seniority cannot be accepted. His
objections are accordingly disposed of.
80. Sri K.P. Singh-I, placed at Sl. No. 505 of the TSL has preferred his objections (page nos. 648-654 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted substantive vacancy occurred on 12-9-97.
2. He was
promoted to UP HJS on 16-2-99 under Rule 22(3).
3. He has
been promoted to UP HJS under Rule 22 (1) and pursuant thereto he joined on
18-5-05.
4. He is entitled to have his seniority reckoned from 12-9-97.
5. In the alternative, he is entitled to get his seniority settled from 11-7-98, when he was approved for promotion in UP HJS.
6. At last, he has requested that his seniority should at least be counted from 16-2-99, when he started working as Ad-hoc ADJ under Rule 22(3).
In view of the decision taken by
the Committee on Issue No. 2 his claim for seniority cannot be accepted. His
objections are accordingly disposed of.
81. Sri R.K. Gupta, placed at Sl. No. 510 of the TSL has preferred his objections (page nos. 466-468 of the compilation). The grounds mentioned by him in brief are as under:
1. Vacancy
occurred on 12.9.1997 has been allotted to him in the T.S.L.
2. He is
entitled to reckon his seniority from 12.9.1997 in the light of law laid down
in S.K.Tripathi’s case.
3. He has
pleaded that his adhoc service in H.J.S. from the year 1999 to 2005 should not
be ignored.
In view of the decision taken by
the Committee on Issue No. 2 his claim for seniority cannot be accepted.
Objections are accordingly disposed of.
82. Sri D.K. Tiwari, placed at Sl. No. 512 of the TSL has preferred his objections (page nos. 1542-1543 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 12-9-97. He was eligible for promotion to HJS
on 19-2-93 (completion of three years’
as Civil Judge (SD). He was approved for promotion to HJS on 11-7-98. He was
promoted as ADJ on 26-6-1999.
2. TSL has
been prepared without considering guidelines in S.K. Tripathi’s case and UP
JSA’s case.
3. Promotee
officers are entitled to get seniority from the date of availability of substantive
vacancies to them in their quota.
4. In view of law laid down in Rudra Kumar Sain’s case his appointment under Rule 22 (3) cannot be held to be stop gap or fortuitous or purely ad-hoc.
5. UP Government Servants Seniority Rules, 1991 have overriding effect over all other rules.
6. He has requested that his seniority be fixed from the date availability of the vacancy.
Regarding ground No. 5 it has
been held earlier that the U.P. Government Servants Seniority Rules,1991 will
have no application here. The ground mentioned at No. 2 is also without
substance. The judgment given in U.P.J.S.A.’s case is under challenge before
the Hon'ble Apex Court. Directions in S.K. Tripathi’s case have been complied
with.
Rudra Kumar Sain’s case has no
application here in view of provisions contained in proviso to Rule 22 (3). In view of the decision taken
by the Committee on Issue No. 2 his claim of seniority cannot be accepted. His
objections are accordingly disposed of.
83. Sri Shakti Kant, placed at Sl. No. 514 of the TSL has preferred his objections (page nos. 1385-1390 of the compilation). The grounds mentioned by him in brief are as under:
1. TSL has
not been drawn in accordance with direction nos. 2 to 4 of S.K. Tripathi’s case
and guidelines laid down in UP. JSA’s case.
2. Recruitments
to UP HJS from the year 1988 have not been made within the time framed
prescribed by the Rules, which adversely affected the promotee officers.
3. Promotee
officers have not been allotted number of vacancies, they were entitled as per
quota rule whereas recruitment from the bar has been made in excess of their
quota for Recruitment batch 1988, 1990 and 1992-94.
4. In the
TSL he has been allotted vacancy occurred on 12-9-1997, he was approved for
promotion to HJS under Rules 22 (1). Therefore, he should have been promoted in
HJS after his approval on 11-7-98.
5. The
objector be deemed to have been promoted and appointed against the vacancy
available to him and he is entitled to have his seniority counted from that
period i.e. date of deemed promotion.
6. Delay in his promotion has resulted inequality injustice in violation of Article 14.
7. Amended Rule 26 is discriminatory, post of district judges should be allocated proportionately to both the sources.
8. He has requested that his seniority be fixed accordingly.
In view of the decision taken by
the Committee on Issue Nos. 2 to 5 & 13 his prayer for seniority cannot be
accepted. His objections are accordingly disposed of.
84. Sri Prem Singh-II, placed at Sl. No. 515 of the TSL has preferred his objections (page nos. 1202-1203 of the compilation). The grounds mentioned by him in brief are as under:
1.
He
has been allotted vacancy occurred on 23-10-97.
2.
He
has been placed much below Direct Recruits (Sl. Nos. 289, 291 and so on upto
327) who have joined the service in December 1998.
3.
He
is entitled to place above these Direct Recruits in view of law down in K.N.
Singh’s case.
4. In S.N. Dhingara’s case the Hon’ble Apex Court has held that by stop gap arrangement the rights of promotee cannot be taken up.
5. He has prayed that the seniority be counted from 23-10-1997 i.e. the date of vacancy became available to him.
In view of decision taken by the Committee on
Issue Nos. 2 & 3, objections preferred by Shri Singh are without substance
and disposed off accordingly.
85. Sri V.P. Singh, placed at Sl. No. 518 of the TSL has preferred his objections (page nos. 504-599 of the compilation). The grounds mentioned by him in brief are as under:
1.
He
has been allotted vacancy occurred on 19-12-1997.
2.
He
was promoted to HJS and joined on 23-6-1999.
3.
He
was promoted under Rule 22 (1) and joined on 20-5-2005.
4.
He
was approved for promotion in HJS on 11-7-1998.
5.
He
is entitled to get his promotion with effect from 19-12-1997, in view of
direction of the Hon’ble Apex Court in S.K. Tripathi’s case, he is entitled to
reckon his seniority from this date.
6.
TSL
has been wrongly prepared and three batches of Direct Recruits have been
wrongly grouped together. These Direct Recruits have been appointed in excess
of their quota therefore they are to be pushed down.
In view of decision taken by the Committee on
Issue Nos. 2 to 5 objections of Shri Singh are without substance and disposed
off accordingly.
86. Sri O.P. Tiwari, placed at Sl. No. 519 of the TSL has preferred his objections (page nos. 1568-1571 of the compilation). The grounds mentioned by him in brief are as under:
1.
He
was promoted to HJS on 25-06-1999.
2.
He
has been allotted vacancy occurred on 19-12-1997.
3.
He
has been appointed in HJS under Rule 22 (1) on 13-4-05.
4.
He
is entitled to get seniority from the date of availability of vacancy to him
within quota i.e. 19-12-1997.
5.
He
is entitled to get his seniority fixed under UP Government Servant Seniority
Rules, 1991 and other various pronouncements of Hon’ble Apex Court.
6.
He
has requested that his seniority be fixed accordingly.
As has been held earlier U.P. Govt. Servants
Seniority Rules, 1991 will have no application here. In view of decision taken
by the Committee on Issue Nos. 2 & 3 his objections are without substance,
hence rejected.
87. Sri V.K. Khatri, placed at Sl. No. 520 of the TSL has preferred his objections (page nos. 925-926 of the compilation). The grounds mentioned by him in brief are as under:
1.
has
stated that he was promoted as ADJ on 23-06-1999
2. He has been allotted vacancy occurred on 19-12-1997.
3. He was eligible for promotion on 19-12-1997, in view of direction no. 3 in S.K. Tripathi’s case he is entitled to get seniority above Sri Manoj Kumar Singhal (Sl. No. 289).
In view of decision taken by the Committee on
Issue Nos. 2 & 3, objections preferred by Shri Khatri are without substance
and disposed of accordingly.
88. Sri A.K. Mukherjee, placed at Sl. No. 523 of the TSL has preferred his objections (page nos. 53-54 of the compilation). The grounds mentioned by him in brief are as under:
1.
He
has been allotted vacancy occurred on 19-12-1997.
2.
He
was approved for promotion to HJS under Rule 22 (1) on 11-07-1998.
3.
He
was promoted as ADJ on 22-06-1999 under Rule 22 (3).
4. As per S.K. Tripathi and Rudra Kumar Sain’s case he should be deemed to be appointed in the cadre on 11-07-1998.
5. He has requested his seniority be fixed w.e.f. from 11-07-1998.
Rudra Kumar Sain’s case has no application here in view of provisions
contained in proviso to Rule 22 (3). In view of decision taken by the committee
on Issue Nos. 2 & 3 his objections lack merit and rejected accordingly.
89. Sri G.M. Mittal, placed at Sl. No. 527 of the TSL has preferred his objections (page nos. 1018-1021 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 31-1-1998.
2. He has
joined as ADJ under Rule 22 (3) on 27-5-2000.
3. He was
promoted to UP HJS under Rule 22(1) and he joined as such on 26-5-2005.
4. He is
entitled to get seniority from the date of availability of vacancy i.e.
31-1-1998 in view of directions given by Hon’ble Apex Court in S.K. Tripathi’s
case
5. The Hon’ble court in UP JSA’s case has given certain guidelines to implement the directions given in S.K. Tripathi’s case.
6. His
service under Rule 22 (3) may not be ignored for determination of seniority in
view of law laid down in Rudra Kumar Sain’s case.
7. He has
requested that his seniority be counted from 31-1-98 and he be placed above Sri
Manoj Kumar Singhal a Direct Recruit, who has joined the service on 5-12-98.
Rudra
Kumar Sain’s case has no application here in view of provisions contained in
proviso to Rule 22 (3). The judgment given in UP JSA’s case is under challenge
before the Hon’ble Apex Court. In view of decision taken by the Committee on
Issue Nos. 2 & 3 his objections are without substance, hence rejected.
90. Sri K.P. Singh, placed at Sl. No. 528 of the TSL has preferred his objections (page nos. 1447-1451 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 31-3-1998, he is working in HJS from
25-5-2000 and 19-5-2005.
2. His
seniority should be counted from 31-3-98 as held in O.P. Garg’s case.
3. He was
approved for promotion in 1998 in view of direction no. 3 in S.K. Tripathi’s
case he is entitled to be promoted from 31-3-1998.
4. Direct
Recruits who were appointed after 31-3-98 (Sl. Nos. 289, 291 and so on upto Sl.
No. 323) have been wrongly placed above him.
5. Direct Recruits of 1988 batch and of all subsequent batches if found appointed in excess of their quota they are to be down placed.
6. These Direct Recruits are not entitled to be grouped together.
7. He has requested that his seniority be re-fixed accordingly.
In view of decision taken by the Committee on Issue Nos. 2,3,4,5
&10 his request for re-fixation of seniority cannot be accepted, his
objections are disposed accordingly.
91. Sri L.S. Sahu, placed at Sl. No. 531 of the TSL has preferred his objections (page nos. 1742-1743 of the compilation). The grounds mentioned by him in brief are as under:
1.
He
has been allotted vacancy occurred on 31-5-98, he was promoted to HJS on
23-5-2000 and appointed as ADJ under Rule 22 (1) and joined as such on
31-5-2005.
2. His service rendered under Rule 22 (3) should be counted and his seniority be fixed w.e.f. from 23-05-2000.
3. Direct Recruits should be allotted vacancies occurring in the relevant Recruitment batch.
In view
of decision taken by the Committee on Issue Nos. 2, 4, 5 & 10 his
objections are without substance, hence rejected.
92. Sri B.L Yadav, placed at Sl. No. 538 of the TSL has preferred his objections (page nos. 1010-1015 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted substantive vacancy occurred on 1-9-98. .
2. He was
promoted to UP HJS on 25-5-2000 under Rule 22(3).
3. He has
been promoted to UP HJS under Rule 22 (1) and pursuant thereto he joined on
27-5-05.
4. He is
entitled to get his seniority reckoned from 1-9-98.
5. In the
alternative, he is entitled to get his seniority settled from the date when he
was approved for promotion to UP HJS.
6. At last,
he has requested that his seniority should at least be counted from 25-5-2000,
when he started working as Ad-hoc ADJ under Rule 22(3).
In view of decision taken by the Committee on Issue Nos. 2 & 3 his objections are without substance and disposed off accordingly.
93. Sri S.C. Srivastava, placed at Sl. No. 545 of the TSL has preferred his objections (page nos. 1724-1729 of the compilation). The grounds mentioned by him in brief are as under:
1.
Seniority
list has not been prepared in accordance with direction given in S.K.
Tripathi’s case and guidelines laid down in JSA’s case.
2.
Recruitment
for various batches from 1988 have not commenced within the time framed
prescribed by the Rule.
3.
Recruitment
from the bar has been made in excess of their quota in various recruitment from
1988 batch and onward whereas promotion from UP Nyayik Sewa has not been made
to fill the vacancy available in the quota of NS.
4.
Direct
Recruits (Sl. Nos. 289, 291 and so on upto 327) have been wrongly placed above
the officers of NS.
5.
All
vacancies existing before 1988 should have been filled up from the promotees.
6.
He
has been allotted vacancy occurred on 3-9-1998.
7.
He
should have been promoted in December 1998.
8.
In
view of Rudra Kumar Sain’s case his ad-hoc service under Rule 22 (3) may not be
ignored while fixing the seniority.
9.
Determination
of seniority as per rotational appointment under Rule 22 (2) is against justice
and equity and all posts of DJ should be allocated proportionately to both the
sources.
10.
He
has prayed that his seniority be fixed accordingly to law and he should be
given an opportunity of personal hearing.
The judgment given in
U.P.J.S.A.’s case is under challenge before the Hon'ble Apex Court. Directions
in S.K. Tripathi’s case have been complied with.
Rudra
Kumar Sain’s case has no application here in view of provisions contained in
proviso to Rule 22 (3). In view of decision taken by the Committee on Issue
Nos. 2,3,4,5, 10 & 13 his objections lack merit, hence rejected.
94. Sri A.K. Jain, placed at Sl. No. 548 of the TSL has preferred his objections (page nos. 754-756 of the compilation). The grounds mentioned by him in brief are as under:
1. He was
promoted to UP HJS under Rule 22 (3) and he joined the service on 24-5-2000.
2. He has been allotted vacancy occurred on 3-9-1998.
3. He
has been promoted under Rule 22 (1) on 25-5-2005
4. Since
vacancy was available to him on 3-9-98, he is entitled to get his seniority
counted from that date in view of direction no. 3 given by Hon’ble Apex Court
in S.K. Tripathi’s case.
5. In K. N. Singh’s case it has been held that for determination of seniority of Direct Recruits date of joining will be relevant whereas for determination of seniority of promotee officer date of availibility of vacancy in their quota will be important.
6. In view of law laid down in Rudra Kumar Sain’s case his service under Rule 22 (3) may not be ignored for determination of his seniority.
7. He has requested his seniority be fixed w.e.f. 3-9-98 and he be placed above Sri Manoj Kumar Singhal, DR.
Rudra Kumar Sain’s case has no application here in view of provisions
contained in proviso to Rule 22 (3). In view of decision taken by the Committee
on Issue Nos. 2 & 3 his objections are without substance, hence rejected.
95. Sri Ishwar Dayal, placed at Sl. No. 549 of the TSL has preferred his objections (page nos. 1245 of the compilation). The grounds mentioned by him in brief are as under:
1. He was
promoted to HJS in May 2005 and he joined the service on 29-5-2000.
2. He is regularly working in the same capacity and he again took over charge as ADJ in May,2005
3. He has been allotted vacancy occurred on 3-9-1998 but he was not promoted to HJS at that time without any fault on his part.
4. Therefore, he has prayed that his seniority be fixed 3-9-98 and secondly on 29-5-2000 since when he is regularly in HJS.
In view of decision taken by the Committee on
Issue Nos. 2 & 13 his objections are without substance, hence rejected.
96. Sri Pradeep Kumar-I, placed at Sl. No. 564 of the TSL has preferred his objections (page nos. 1757-1762 of the compilation). The grounds mentioned by him in brief are as under:
1. TSL has
not been prepared in accordance with direction nos. 2 to 4 of S.K. Tripathi’s
case and guidelines laid down in UP. JSA’s case.
2. Recruitments
to UP HJS from the year 1988 have not been made within the time framed
prescribed by the Rules, which affected adversely to promotee officers.
3. Promotee
officers have not been allotted number of vacancies, they were entitled as
quota rule whereas recruitment from the bar has been made in excess of their quota
for Recruitment batch 1988, 1990 and 1992-94.
4. In the
TSL he has been allotted vacancy occurred on 5-2-99, he was approved for
promotion to HJS under Rules 22 (1). Therefore, he should have been promoted to
HJS after his approval in the year 2000.
5. The
objector be deemed to have been promoted and appointed against the vacancy
available to him and he is entitled to have his seniority counted from that
period i.e. date of deemed promotion.
6. Delay in his promotion has resulted inequality and injustice in violation of Article 14.
7. Amended Rule 26 is discriminatory, post of district judges should be allocated proportionately to both the sources.
8. He has requested that his seniority be fixed accordingly.
The judgment given in
U.P.J.S.A.’s case is under challenge before the Hon'ble Apex Court. Directions
in S.K. Tripathi’s case have been complied with.
Rudra Kumar Sain’s case has no application here in view of provisions contained in proviso to Rule 22 (3). In view of decision taken by the Committee on Issue Nos. 2,3,4,5, 10 & 13 his objections lack merit, hence rejected.
97. Sri P.N. Chaturvedi, placed at Sl. No. 565 of the TSL has preferred his objections (page nos. 1992 of the compilation), as under:
He was
promoted to HJS on 29-5-2000 and in view of law laid down in S.K. Tripathi’s
case he be deemed to have been appointed in HJS from that date.
As per decision taken by the Committee on Issue No. 2 request made by Shri Chaturvedi is rejected.
98. Sri S.P. Srivastava, placed at Sl. No. 567 of the TSL has preferred his objections (page nos. 1138 of the compilation). The grounds mentioned by him in brief are as under:
1. He was
allotted vacancy occurred on 28-2-1999. He was promoted as ADJ on 30-5-2000.
Since vacancy was available to him when he was promoted to HJS on 30-5-2000 his
appointment be deemed to be under Rule 22 (1).
2. Therefore, he has requested that his seniority be counted from 30-5-2000 or in the alternative after giving him benefit of continuous officiation from 30-5-2000, his seniority should be counted from that date.
As per decision taken by the Committee on Issue No. 2 request made by Shri Srivastava is rejected.
99.
Sri S.S.
Gupta, placed at Sl. No. 568 of the TSL has preferred his
objections (page nos. 2008 of the compilation). The grounds mentioned by him in
brief are as under:
1.
He
has been allotted vacancy occurred on 26-3-1999. Therefore, he is entitled to
have his seniority counted from 26-3-1999.
2.
In
the alternative, he has stated that he was promoted to HJS as stop gap
arrangement on 29-5-2000 and he continued to work on the post regularly till he
was appointed substantively on 6-06-2005.
3.
He
is entitled to have his seniority fixed at least from 29-05-2000.
As per decision taken by the Committee on Issue No. 2 request made by
Shri Gupta is rejected
100. Sri Anil Kumar Srivastava-II, placed at Sl. No. 569 of the TSL has preferred his objections (page nos. 472-477 of the compilation). The grounds mentioned by him in brief are as under:
1. He was
promoted to H.J.S. on adhoc basis in May 2000.
2. He was purportedly appointed as Additional District Judge Under Rule 22(1) in May 2005.
3. He has been allotted vacancy occurred on 26.03.1999.
4. He is entitled to get his seniority fixed from 26.3.1999 and his service from May 2000 to May 2005 may not be ignored.
As per decision taken by the Committee on Issue No. 2 request made by
Shri Srivastava is rejected.
101. Sri B.N. Misra, placed at Sl. No. 572 of the TSL has preferred his objections (page nos. 1561-1567 of the compilation). The grounds mentioned by him in brief are as under:
1.
He has been allotted vacancy occurred on 26-3-99.
2.
He has been promoted to HJS on 26-5-2000. Since delay in
promotion is not attributable to him hence he is entitled to get seniority
w.e.f. 26-3-99 in view law laid down in K.N. Singh’s case and S.N. Dhingra’s
case.
3.
Seniority of the objector should be determined in
accordance with provisions of UP Government Servant Seniority Rules, 1991.
4.
Validity of provisions contained in Rule 22 (2) and (3)
and Rule 26 (1) has been challenged before the Hon’ble Court in various writ
petitions and these are pending for adjudication. These provisions cannot be
applied for determination of objector seniority.
5.
TSL has not been prepared in accordance with directions in
S.K. Tripathi’s case and UP JSA’s case.
6. Allocation of vacancies to Direct Recruits appears to be wrong.
7. He has requested that he be placed at the proper position in view of facts stated above.
8. He was promoted to HJS on 26-5-2000, he has been allotted vacancy occurred on 26-3-1999.
Constitutionality of seniority rule will be examined on judicial side;
the Committee has to proceed in accordance with existing rules governing
seniority. As
has been held earlier U.P. Govt. Servant Seniority Rules, 1991 will have no
application here. The judgment given in UP JSA’s case is under
challenge before the Hon’ble Apex Court. In view of decision taken by the Committee on
Issue Nos. 2 to 5 & 13 his objections are without substance, therefore,
rejected.
102. Sri Ravindra Bhaskar, placed
at Sl. No. 574 of the TSL has preferred his objections (page nos. 1206-1210 of
the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 31-3-1999.
2. He was
approved to promotion to UP HJS by Hon’ble Full Court in the year 2000.
3. In view
of direction no. 3 in S.K. Tripathi’s case he has been denied promotion on the
date of his approval.
4. He was
promoted to HJS on 25-5-2000 under Rule 22 (3)
5. He was
appointed in HJS under Rule 22 (1) in May 2005.
6. In view
of law laid down in Rudra Kumar Sain’s case his service under Rule (3) should
not be ignored and he be deemed to have been appointed under Rule (1) in HJS
from the date of his approval.
7. He has
requested that seniority list be amended accordingly.
Rudra Kumar Sain’s case has no application here in view of provisions
contained in proviso to Rule 22 (3). In view of decision taken by the Committee
on Issue No. 2 his objections are without substance, hence rejected.
103. Sri U.C. Srivastava, placed
at Sl. No. 585 of the TSL has preferred his objections (page nos. 1929-1931 of
the compilation). The grounds mentioned by him in brief are as under:
1. TSL has
been drawn in contravention of HJS rules.
2. Appointments of 17 Direct Recruits of 1988 batch have been made in excess of their quota.
3. The TSL should have been prepared in accordance with in S.K. Tripathi’s case.
4. He has requested that TSL be quashed and fresh seniority list be prepared.
In view
of the decision taken by the Committee on Issue Nos. 2 to 5 objections of Shri
Srivastava are without substance, hence rejected accordingly.
104. Sri P.C. Tripathi, placed at Sl. No. 595 of the TSL has preferred his objections (page nos. 1755-1756 of the compilation) as under:
Seniority
of Direct Recruits must be determined according to dates of their appointments
and seniority of promotees should be counted from the date of their continuous
officiation. He has reserved his right to file objection after he receives
detailed informations in respect of criteria for fixing the seniority.
The criteria for fixing seniority have been given in O.P. Garg’s case.
The objections preferred by the objector need not detain the Committee,
therefore, they are disposed of accordingly.
105. Sri Janardan Singh, placed at Sl. No. 594 of the TSL has preferred his objections (page nos. 1668-1671 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been promoted to HJS under Rule 22(3) in June 2002 and he was appointed in HJS
under Rule 22 (1) on 13-4-05.
2. He has
been allotted vacancy occurred on 5-5-1999.
3. His
seniority is to be determined as per Rule 26. If seniority is to be determined
as per Rule 22 (2) and Rule 26 the Direct Recruits will get seniority from the
date prior to their joining the service which will be unjust and improper.
As per decision taken by the
Committee on Issue Nos. 2 & 3 objections preferred by Shri Singh are
without substance, hence rejected.
106. Sri Md. Babar, placed at Sl. No. 598 of the TSL has preferred his objections (page nos. 921-923 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
requested that he should be deemed to have been appointed under Rule 22 (1)
w.e.f. the year of approval 2000.
2. He has
been allotted vacancy occurred on 5-5-1999.
3. He was promoted to HJS under Rule 22(3) on 24-03-01 in view of law laid down in Rudra Kumar Sain’s case his service under Rule 22 (3) may not be ignored for determination of seniority.
4. He was promoted to UP HJS under 22 (1) in May 2005 even though he was already working on such post.
5. In view of direction no. 3 in S.K. Tripathi’s case he is entitled to reckon his seniority from the year 2000 i.e. the year of his approval.
Rudra Kumar
Sain’s case has no application here in view of provisions contained in proviso
to Rule 22 (3). In view of the decision taken by the Committee on Issue Nos. 2
& 3 his objections lack merit, hence rejected.
107. Sri Vijay Kumar, placed at Sl. No. 600 of the TSL has preferred his objections (page nos. 1023-1024 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 5-5-1999.
2. He was
promoted to HJS under Rule 22 (3) on 29-3-2001.
3. He was promoted to UP HJS on 17-5-05 and joined the service on 21-5-2005
4. In view
of law laid down in O.P. Garg’s case and S.K. Tripathi’s case he is entitled to
be promoted to HJS on 5-5-1999.
5. Either
his seniority should be counted from 5-5-1999 i.e. date of vacancy or at the
worst from 29-3-2001 since he is working in HJS cadre without any break.
As per decision
taken by the Committee on Issue No. 2
his objections are without substance, hence rejected
108. Sri Arun Prakash, placed at Sl. No. 601 of the TSL has preferred his objections (page nos. 1453-1456 of the compilation). The grounds mentioned by him in brief are as under:
1.
He was promoted to HJS under Rule 22 (3) in March 2001 and
took over charge on 24-3-2001.
2. His aforesaid promotion was made after following the due procedure and approval under Rule 20.
3. He was again appointed as ADJ under 22 (1) in May 2005, he has been allotted vacancy occurred on 5-5-1999.
4. His seniority is to be fixed in view of direction no. 3 in S.K. Tripathi’s case and observation made by the Hon’ble Supreme Court in Rudra Kumar Sain’s case.
Rudra Kumar Sain’s case has no application here in view of provisions
contained in proviso to Rule 22 (3). In view of the decision taken by the
Committee on Issue Nos. 2 & 3 his objections lack merit, hence rejected.
109. Sri Shiv Sharma, placed at Sl. No. 605 of the TSL has preferred his objections (page nos. 1462-1468 of the compilation). The grounds mentioned by him in brief are as under:
1. TSL has
not been prepared following the principle of quota and rota as directed by the
Hon’ble Supreme Court in R.K. Sabharwal’s case.
2. TSL has
not been prepared keeping in view the length of service of HJS officers as
directed by the Hon’ble Supreme Court in Rudra Kumar Sain’s case.
3. TSL has not been prepared in accordance with the direction in S.K. Tripathi’s case.
4. TSL has not been prepared keeping in view the principles indicated by the Hon’ble Supreme Court in UP JSA’s case. Therefore, the TSL has been prepared in violation of principle of equality as provided under Article 14.
5. Request has been made that TSL be quashed and a fresh seniority list be prepared as stated above.
Rudra
Kumar Sain’s case has no application here in view of provisions contained in
proviso to Rule 22 (3). The judgment given in UP JSA’s case is under challenge
before the Hon’ble Apex Court. Seniority list has been prepared in accordance
with existing rules and directions made in S.K. Tripathi’s case
In view of the decision taken by the Committee on Issue Nos. 2 & 3
objections of Shri Sharma are without substance, hence rejected.
110. Sri Shyam Sundar, placed at Sl. No. 607 of the TSL has preferred his objections (page nos. 1976-1978 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 31-5-1999, he was promoted to HJS on
26-3-2001 but he has been given
seniority from 19-5-2005.
2. He has
requested that he be given seniority from 26-3-2001..
As per decision taken
by the Committee on Issue No. 2 his objections are without substance, hence
rejected.
111. Sri R.K. Tripathi, placed at Sl. No. 608 of the TSL has preferred his objections (page nos. 1993 of the compilation) as under:
He was
promoted to HJS on 27-3-2001 and in view of law laid down in S.K. Tripathi’s
case he be deemed to have been appointed in HJS from that date.
As per decision taken by the Committee on Issue No. 2 his objections are without substance, hence rejected.
112. Sri C.L. Verma, placed at Sl. No. 609 of the TSL has preferred his objections (page nos. 1544-1550 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 31-7-99.
2. He has
been promoted to HJS on 24-3-2001. Since delay in promotion is not attributable
to him hence he is entitled to get seniority w.e.f. 31-7-99 in view law laid
down in K.N. Singh’s case and S.N. Dhingra’s case.
3. Seniority
of the objector should be determined in accordance with provisions of UP
Government Servant Seniority Rules, 1991.
4. Validity
of provisions contained in Rule 22 (2) and (3) and Rule 26 (1) has been
challenged before the Hon’ble Court in various writ petitions and these are
pending for adjudication. These provisions cannot be applied for determination
of objector seniority.
5. TSL has not been prepared in accordance with directions in S.K. Tripathi’s case and UP JSA’s case.
6. Allocation of vacancies to Direct Recruits appears to be wrong.
7. He has requested that he be placed at the proper position in view of facts stated above.
Constitutionality
of seniority rule will be examined on judicial side; the Committee has to
proceed in accordance with existing rules governing seniority. As has been held earlier U.P. Govt. Servant
Seniority Rules 1991 will have no application here. The judgment given
in UP JSA’s case is under challenge before the Hon’ble Apex Court. In view of decision taken by the Committee
on Issue Nos. 2 to 5 & 13 his objections are without substance therefore
rejected.
113. Sri S.B. Pandey, placed at Sl. No. 612 of the TSL has preferred his objections (page nos. 670 of the compilation). The grounds mentioned by him in brief are as under:
1.
He
has stated that dispute regarding seniority is continuing between Direct
Recruits and promoted officers since inception of UP HJS Rules. In spite of
long litigation in Hon’ble Court and Hon’ble Apex Court the dispute has not
been settled finally.
2.
He is of opinion that seniority list of Direct Recruits and promoted
officers be prepared separately and they should be posted as DJ, in the
tribunal, on deputation and in the Hon’ble Court commensurate with percentage
of their quota.
As per decision
taken by the Committee on Issue Nos. 2 & 3 his objections are without
substance, hence rejected.
114. Sri R.C. Chaudhary, placed at Sl. No. 615 of the TSL has preferred his objections (page nos. 1732 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 31-8-99, he was promoted to HJS on 24-3-2001,
his services were regularized w.e.f. 2-6-05.
2. He is entitled to have his seniority counted from 31-8-1999.
3. He has requested that seniority be counted accordingly.
As per decision
taken by the Committee on Issue No. 2 his objections are without substance,
hence rejected.
115. Sri R.S. Sachan, placed at Sl. No. 616 of the TSL has preferred his objections (page nos. 1738-1739 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 30-9-1999, he was promoted to HJS on 24-3-01
and he was appointed in HJS under Rule 22 (1) and joined as such on 27-5-05.
2. His services as ADJ for more than four years have been ignored while determining his seniority.
3. Therefore, he has requested that his seniority be fixed w.e.f. 24-3-01.
As per decision taken
by the Committee on Issue No. 2 his objections are without substance, hence
rejected.
116. Sri M.P. Yadav, placed at Sl. No. 618 of the TSL has preferred his objections (page nos. 2031-2032 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 11-10-99, he was promoted under Rule 22 (3)
on 27-3-01, he has joined as ADJ under Rule 22 (1) on 30-5-05.
2. His seniority has been fixed from May 2005 whereas he is entitled to have his seniority counted from 11-10-99.
3. He has requested that seniority be corrected accordingly.
As per decision
taken by the Committee on Issue No. 2 his objections are without substance,
hence rejected.
117. Sri Ram Chandra-II, placed at Sl. No. 627 of the TSL has preferred his objections (page nos. 1863-1865 of the compilation). The grounds mentioned by him in brief are as under:
1. He has
been allotted vacancy occurred on 3-2-2000, he was approved for promotion in
the year 2000 and he was eligible for promotion in Feb. 1993.
2. He was promoted to HJS on 22-5-01 under Rule 22 (3), he was appointed in HJS under Rules 22 (1) in May 2005. His services from May 2001 to May 2005 may not be ignored in view of law down in Rudra Kumar Sain’s case.
3. In view of direction no. 3 in S.K. Tripathi’s case he should be deemed to have been appointed under Rule 22 (1) from the date of his approval in the year 2000.
4. He has requested that seniority list be corrected accordingly.
Rudra Kumar Sain’s case has no application here in view of provisions contained in proviso to Rule 22 (3). As per decision taken by the Committee on Issue No. 2 his objections are without substance, hence rejected.
.
118. Sri S.K. Singh, placed at Sl. No. 644
of the TSL has preferred his objections (page nos. 1580-1590 of the
compilation). The grounds mentioned by him in brief are as under:
1. The
seniority of promotee officers is to be determined from the date of continuous
officiation.
2. No
distinction can be made between Direct Recruits or promotee officer appointed
to a temporary post in the service.
3. They both
are appointed on regular basis on cadre post.
4. In order
to minimize the inequities it is necessary to avoid classification between
promotees appointed under Rule 22 (1) and under Rule 22 (3).
5. To
obviate disparity best solution is to apply the rule which has been approved in
S.B. Patwardhan’s case.
6. Quota and
rota rule may be made applicable upto the limit of 15% for the post of ADJ or
DJ and for elevation to the bench.
7. For
calculation of vacancies post of deputation and leave reserve should not be
taken into consideration.
8. Decision
of S.K. Tripathi’s case and UP JSA’s case should be made effective.
The judgment given in UP JSA’s case is under challenge before the
Hon’ble Apex Court. The directions in S.K.Tripathi’s case have been complied
with. As per decision taken by the Committee on Issue Nos. 2-5 & 10 the
objections raised by Shri Singh are without substance, rejected accordingly.
119. Sri P.K. Misra, placed at Sl. No. 645 of the TSL has preferred his objections (page nos. 1994 of the compilation) as under:
He has
requested that his seniority be fixed from the date of availability of vacancy
in H.J.S. in view of law down in O.P. Garg’s case.
In view of the decision taken by the Committee on Issue No. 2 his objections are without substance, hence rejected.
120. Sri Mumtaz Ali, placed at Sl. No. 647 of the TSL has preferred his objections (page nos. 1664-1665 of the compilation). The grounds mentioned by him in brief are as under:
1. He was
promoted to HJS under Rule 22 (3) in May 2001 and he was appointed in HJS under
Rule 22 (1) in May 2005.
2. He has