- (1.) SRI Umesh Mohan, Advocate for A. K. Gupta, petitioner, Standing Counsel for respondents No. 1 and 2 (State of U. P. through the Principal Secretary, Avas Evam Nagar Vikas/the Director, Local Bodies, U. P. and SRI C. K. Parekh, Advocate for the respondent No. 3/mukhya Nagar Adhikari, Varanasi Nagar Nigam, Varanasi. Heard learned counsel for the parties. Facts of the case not in dispute, are as follows.
(2.) THE State Government vide its order dated 11-1-1989 addressed to the Administrator, Nagar Mahapalika, Lucknow/agra/allahabad/varanasi informed that World Bank had advanced financial aid for U. P. Town Development and under this project conceived formation of 'traffic Engineering and Management Cells to be implemented in all the major towns in the towns referred to in the said Government Order. THE aforesaid Government Order contained details of the posts of 'traffic and Transportation Planners' in Pay Scale of 1100-2050 outside Centralized Services; that of Assistant Engineer (Civil) and Junior Engineer (Civil) and Junior Engineer (Civil) (posts of Centralized Services) besides the post of 'tracer'. Mahapalika were required to fill up these posts immediately. (copy of the G. O. is Annexure 1 to the writ petition ). The Mukhya Nagar Adhikari, Agra, after giving through requisite formalities, issued letter of appointment dated October 24, 1989, on the post of Traffic and Transportation Planner in favour of the petitioner, Annexure-2 to the writ petition. Subsequently, Government, vide its letter dated 11-4-1992 addressed to the Mukhya Nagar Adhikari of the concerned Mahapalika, intimated that it had taken decision to recognize all the four posts of 'traffic Engineer Services' mentioned in the Government Order dated 11-1-1989 (Annexure-1 to the writ petition) under U. P. Palika Centralized Services Rules 1966' and the post of 'traffic and Transportation Planner' was redesignated as 'executive Engineer/adhishashi Abhiyanta (Traffic)'. The U. P. Government, we are informed, issued U. P. Palika (Centralized) Service (13th Amendment) Rules 1992 vide Notification dated 31-3-1992. For convenience, relevant extract of aforesaid Rules is reproduced: "rule 12. U. P. Palika Engineering (Superior) Service.-, (i) Chief Engineers of Nagar Mahapalika. (ii) Executive Engineers of Nagar Mahapalikas (Civil,, Electrical,, Mechanical and Automobile) (iii) Assistant Engineers of Nagar Mahapalikas (Civil,, Electrical,, Mechanical and Automobiles) (iv) Civil Engineer of Class I Municipal Boards. (v) Civil Engineers (Qualified),, of Class II Municipal Boards. 13. . . . . . . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . . . 14. U. P. Palika Water Works Electrical and Mechanical Engineering (Superior) Service. , (i) Nagar Abhiyanta (Jal Kal) of Mahapalikas (ii) Mechanical Engineer of Mahapalika,, Kanpur (iii) Sahayak Abhiyantas (Jal Kal) of Mahapalikas (iv) Water Works,, Engineers,, Electrical Engineers,, Electrical and Water Works Engineers of "a" and "b" Undertakings Municipal Boards (v) Assistant Water Works Engineers,, Assistant Electrical and Water Works Engineers (Qualified) of Class "a" undertakings on Municipal Boards. 15-A. U. P. Traffic Engineering Service.-, (I) Adhishasi Abhiyanta of Nagar Mahapalika (Traffic and Transportation Planning) @z_tbl_body = TABLE TEXT, a , (II) Sahayak Abhiyanta (Traffic and Transportation Planning) , (III) Avar Abhiyanta (Traffic and Transportation Planning) @z_tbl_end = Serial Nos. 12, 13, 14 and 15 of the Schedule, attached to of Rules 1966 as amended by U. P. Palika (Centralized) Service (13th Amend) Rules, 1992, shows that there are U. P. Palika Engineering (Superior Service), U. P. Palika Engineering (Subordinate Service), to U. P. Palika Jalkal, Electrical Mechanical (Superior And Subordinate Services. In addition, it also contains at Serial No. 15-A U. P. Palika Traffic Engineering Services, U. P. Palika Engineering (Superior Services) at Serial No. 12 - includes posts of Chief Engineers, Executive Engineers, Assistant Engineers and Civil Engineers of Civil Electrical Mechanical and automobile branch.
(3.) THE State Government, vide order dated 17-8-1992 addressed to Mukhya Nagar Adhikari, Nagar Mahapalika, Agra (Annexure-4 to the Writ petition), intimated that by means of 13th Amendment of Rule 1992, post of Traffic and Transportation Planner, outside Centralized Services held by the petitioner A. K. Gupta, is being absorbed in 'centralized Services' with its new nomenclature 'adhishashi Abhiyanta (Traffic)'. Petitioner was, however, transferred as Adhishashi Abhiyanta (Traffic) from Nagar Nigam Allahabad to Lucknow, Mukhya Nagar Adhikari Lucknow Nagar Nigam, intimated the Government that the post in question was not vacant and hence Sri A. K. Gupta cannot be allowed to join at Lucknow, consequently the petitioner be adjusted elsewhere (Annexure-5 to the Writ petition ). In pursuance of this letter, Government issued another letter dated 27-6-1996 requiring Sri A. K. Gupta, Adhishashi Abhiyanta (Traffic) to join Nagar Nigam, Varanasi.;