G.S. Singhvi, J. - (1.) This is an appeal for setting aside the order passed by the Division Bench of the Allahabad High Court which allowed the writ petition filed by the respondents and directed the appellants to pay salary to the respondents in the pay- SCALE of Rs. 2200-4000 prescribed for the post of Assistant Engineer, as revised up to date.
(2.) Appellant No. 1 - U.P. Land Development Corporation (hereinafter described as the Corporation) was established for helping the farmers of the State in reclaiming their land. The Corporation executed several schemes, most of which were sponsored and/or funded by the World Bank by engaging staff on contract basis. Ordinarily, such engagement was continued till the completion of the particular scheme but, at times, the services of the same staff were utilized for execution of other scheme(s).
(3.) The respondents, who are graduates in engineering applied for being employed under the Corporation as Assistant Engineers. They were interviewed by the Selection Committee along with other eligible persons and were adjudged suitable for employment on contract basis for completion of 'Million Wells Scheme'. This is evident from the contents of the document titled 'notes and order' (Annexure P-1 with the memo of appeal), which reads thus: Notes and Order At 4 districts, the work is being carried out by this Corporation under the Million Wells Scheme. At present this work is going at full speed. At present, there is only one engineer who is looking after the work and considering the nature of the work, one engineer is not sufficient and because of lack of engineers, it is not being possible to complete the work within stipulated time, because of this, works at Aligarh and Raibareilly are suffering from time to time. In the headquarters of the Corporation, there is no engineer and we have to remained depend on the said one engineer only. Keeping in mind the need of the work, the applications received in this office have been examined and degree holder (civil) engineers were called for interview on 15.2.1991. Two posts of Asstt. Engineer and one post of Jr. Engineer are sanctioned in the Corporation but the work is to be completed under time bound Million Wells Scheme. Therefore, the services of two engineers may be obtained on a consolidated salary of Rs. 2,000/- per month for a period of 3 months. The salary of both these engineers would be less than the salary of the regular appointed engineers. The engineers would be appointed on contract basis and the original certificate of their educational qualification will remain deposited here. On the basis of the interview dated 15.2.91, Md. Khursheed Anwar and Shri Ashok Kumar were found suitable. It is being forwarded for necessary approval and signature in this regard. Sd/- Illegible 16. 2.91. Sd/- Managing Director. ;