Sanjay Kishan Kaul, J. - (1.) This is one more of the perennial disputes between the promotees and the direct appointees this time to the post of the 'Assistant Engineer (Electrical & Mechanical)' in the U.P. Development Authorities Centralised Services. Both the set of appointments were initially made on an ad hoc basis but were subsequently confirmed. The core dispute relates to the requirement of consultation with the Uttar Pradesh Public Service Commission (for short 'UPPSC') provided in Article 320(3) of the Constitution of India at the time when these ad hoc appointments were confirmed. It is the say of the direct appointees that no such consultation took place at the time when the ad hoc promotees-appointees were confirmed, in breach of a mandatory requirement and thus, their appointment is illegal. The sequitur to this is the prayer made by the direct appointees that all such promotees, even if the service were to be regularised now through a consultative process with the UPPSC, would be liable to be placed below the direct appointees.
(2.) The factual matrix of the dispute arose much earlier but the culmination is stated to be the seniority list dated 15.5.2007 for the post of the 'Assistant Engineer', in terms whereof the promotees have been placed above the direct appointees. It is in the year 1985 that the U.P. Development Authorities Centralised Services was created by virtue of the U.P. Urban Planning & Development (Amendment & Validation) Act, 1985. The Amendment Act to amend the parent Act, i.e., U.P. Urban Planning & Development Act, 1973 (hereinafter referred to as the 'said Act') was enacted with a view to provide better development by the local authorities in the State of Uttar Pradesh, and in the process, a centralised service was created to man these authorities. To facilitate this, Section 5A was inserted by the Amendment Act to create the centralised services of all development authorities. The U.P. Development Authorities Centralised Services Rules, 1985 (hereinafter referred to as the 'said Rules') were enacted under the said Section 5A and were notified and came into effect on 25.6.1985. Rule 8 of the said Rules provides for the source of recruitment to various posts mentioned in Schedules I to VI. Promotion to the post of 'Assistant Engineer' is enlisted in Schedule III. The relevant portion of Schedule III reads as under: JUDGEMENT_18_LAWS(SC)8_2018_1.html JUDGEMENT_18_LAWS(SC)8_2018_1.html It may be noted that Schedule III provides for the post to be filled in by the Public Service Commission in the ratio of 50% through promotion and 50% through direct recruitment.
(3.) An advertisement was published on 11.7.1987 for direct recruitment to 9 posts of 'Assistant Engineer (Electrical & Mechanical)' with educational qualifications as a degree in Electrical or Mechanical Engineering. The appointment was so made as per Office Memorandum dated 25.8.1987 on the basis of a selection done on 13.8.1987 by a Selection Committee. The appointment is on "fully temporary and ad hoc basis." Clause 3 of the Office Memorandum states that such appointments are fully temporary for a period of maximum one year or up to the period until the regular candidates are selected by the Public Service Commission and are made available, whichever is earlier. It was also stated that the services could be terminated at any time without any prior information. We may note here that the two appellants in Civil Appeal No.10829/2014 and the one appellant in Civil Appeal No.10828/2014 are amongst the persons so appointed on an ad hoc basis, as direct recruits.;