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October 29, 1998

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SC censures UP government over seniority list

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The Supreme Court has passed strictures against the Uttar Pradesh government for its stand in a case relating to the seniority list of the promotee and direct recruit assistant engineers in the public works department of the state.

The strictures were passed by a division bench comprising Justices Sujata V Manohar and M Srinivasan, while allowing an appeal by Keshav Deo and another promotee assistant engineer against a judgment of the Allahabad high court quashing the seniority list notified on July 11, 1995.

The high court quashed the seniority list on the ground that it was formulated ignoring an earlier decision of the court on the issue. The high court held that the period of service rendered by a promotee engineer before the appointment in accordance with the rules on the approval of the state public service commission could not be counted for the purpose of determining the seniority.

The question in the appeal was whether the appellants were entitled to seniority on the post of assistant engineers from the date they had been officiating as such or from the date they were selected and approved by the commission.

The Supreme Court, in its judgment, said, ''We have no hesitation to hold that the impugned seniority list of 1995 prepared by the government pursuant to the directions contained in the case of D N Saksena and V K Yadav is in accordance with the rules and cannot be interfered with on the ground that promotees have been given the benefit of their services in officiating capacity.''

UNI

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