S.H.A. Raza, J. - (1.) The petitioner who was holding the post of an Assistant Engineer in the department of Rural Engineering Services, was repatriated to Ground Water Investigation Organisation which has now become a department of Government of Uttar Pradesh which was his parent department, being aggrieved against the said order of repatriation, he preferred a writ petition bearing No. 1741 of 1987. In that writ petition the petitioner raised a grievance that while he was appointed alongwith one Sri Dinanath who was confirmed in Rural Engineering Services; although both had applied for their permanent absorption in the Department of Engineering Services, but he was discriminated inasmuch as he was not confirmed and absorbed in the department of Rural Engineering Services and repatriated to Ground Water Investigation Department although no inquiry was pending against him.
(2.) It was averred in the counter affidavit that the petitioner was not absorbed in the department of Rural Engineering Services for the reason that he was awarded adverse entries by his superior officers during the years 1983-84 and 1984-85, which were communicated to him and there were several complaints against him pertaining to certain construction works as a result of which disciplinary proceedings were initiated and he was repatriated to the parent department.
(3.) In the earlier writ petition the petitioner had contended that there existed no charges against which the petitioner could be repatriated although similar charges were levelled against one Sri Dinanath, who was absorbed in the department of Rural Engineering Services and later on was confirmed. It was submitted that the petitioner, who had a better record of services and the adverse entries which were awarded to him were also expunged, hence he deserves to be absorbed and confirmed in the Rural Engineering Department. No interim order was granted in the aforesaid writ petition, the Court observed that as the petitioner would have joined his parent department, but as a similarly situated person had been absorbed and confirmed the case of the petitioner also required consideration by the opposite parties. Although the writ petition was dismissed on 26-10-1989, but the Court directed the opposite parties to consider the case of the petitioner for confirmation and absorption in the Rural Engineering Services in the light of similarly situated person referred to above, who had been absorbed in the department within three months from the date of producing a certified copy of the order by the petitioner.;