- (1.) Gupta, Tripathi and Rizvi are working as Superintendent Engineers in the service of U. P. Jal Nigam. Gupta was selected for the post of Additional Chief Engineer, Level II by the Selection Committee in 1985 and his name was brought on the merit list. Unfortunately, he was notoffered the appointment and in 1989 fresh selections were held by the selection Committee. Tripathi and Rizvi were selected by the Selection Com mittee in the year 1989 whereas Gupta was not found fit by the Selection Committee on the basis of his service record. Tripathi and Rizvi were promoted to the post of Additional Chief Engineer as a result of their selection in the year 1989.
(2.) Gupta challenged the selection made in the year 1989 before the Lucknow bench of the Allahabad High court by way of a writ petition under Article 226 of the Constitution of India. The main ground of attack was that the Selection Committee was not validly constituted. Gupta also contended that before the fresh selection could be made in the year 1989 he was entitled to be appointed as Additional Chief Engineer on the basis of the merit list prepared in the year 1985 which was operating even in the year 1989. The High court allowed the writ petition, set aside the selection made in the year 1989 and further directed that Gupta be given appointment on the basis of his selection made in the year 1985. It may be mentioned that Tripathi and Rizvi were reverted from the posts of Additional Chief Engineer by the interim order of the High court during the pendency of the writ petition. These appeals by Tripathi, Rizvi and U. P. Jal Nigam are against the judgment of the High court.
(3.) It is not disputed that under the government order dated 14/12/1979 the Selection Committee for the post of Chief Engineer was to consist of the following persons: (I) A secretary nominated by the Chief secretary (Ii) An Expert nominated by the Chief secretary (Iii) secretary Appointment Department (Iv) Director General, Bureau of Public Enterprises (V) secretary of the Department concerned.;