- (1.) Leave granted.
(2.) These appeals have been preferred against judgment and order dated 13th February, 2003 in Civil Miscellaneous Writ Petition No.9940 of 2001 and dated 10th December, 2004 in Civil Miscellaneous Writ Petition No.11542 of 2003 passed by the High Court of Judicature at Allahabad. Special Leave Petition (Civil) No.18683 of 2004 has been filed by the Minor Irrigation Department of State of Uttar Pradesh ("the Department") and SLP (Civil) No.8330 of 2005 has been filed by Narendra Kumar Tripathi ("the writ petitioner") employed as engineer with the Department of Minor Irrigation, Rural Engineering in the State of Uttar Pradesh. In both the matters, the question involved is whether the writ petitioner is entitled to count his service as Assistant Engineer from 12th June, 1985, the date of his initial appointment on an 'ad hoc' basis, for purposes of seniority or his service will be counted only from 14th December, 1989, the date on which approval to his appointment was given by the State Government under the provisions of the Uttar Pradesh Regularisation of Ad hoc Appointments (on posts within the purview of the Public Service Commission) Rules, 1979 ("1979 Rules") as amended on 7th August, 1989 by the Uttar Pradesh Regularisation of Ad Hoc Appointments (on posts within the purview of the Public Service Commission) (Second Amendment) Rules, 1989 ("1989" Rules).
(3.) The writ petitioner was first appointed as Work Engineer (Work Charge) on a fixed pay of Rs.650/- on 18th January, 1983. Later, vide Office Memo dated 12th June, 1985 issued by the Secretary, Government of Uttar Pradesh, Rural Development Section on the basis of recommendations of the Selection Committee, he was appointed on temporary post of Assistant Engineer in regular scale on ad hoc basis. The letter of appointment, inter alia, provided that the appointment was purely on ad hoc basis and his services could be terminated by notice or on availability of candidates duly selected through Public Service Commission and the appointee had no claim for regular appointment. The said appointment, however, continued and was followed by "Notification/Regularization" dated 14th December, 1989 as per the 1979 Rules as amended by 1989 Rules.;