- (1.) HEARD Mr.Umesh Kumar Srivastava, learned Counsel for the Zila Panchayat Abhiyantran Sangh, Mr.N.A. Siddiqui, learned Counsel for Zila Panchayat and Mr.Aarohi Bhalla, learned Counsel for private respondent in writ petition no. 1237(SB) of 2005 and petitioner in the second writ petition. The Zila Panchayat Abhiyantran Sangh [in short referred to as 'Association'] and a private individual has filed a writ petition No.1237 (SB) of 2005 challenging the merger order dated 28.4.2005 passed by the State Government, whereby services of opposite party No.4/Pradeep Kumar, a Junior Engineer of Rural Engineering Services, were merged on the post of Abhiyanta in Zila Panchayat Services, whereas Pradeep Kumar has filed a writ petition No.115 (SB) of 2008 aggrieved by the order of repatriation dated 16.1.2008 to his parent department on the ground that his lien in the parent department has already come to an end, vide order dated 30.6.2005, contained in Annexure No.5 to the writ petition and it will amount to ouster from service.
(2.) IT has been submitted by the Counsel for the petitioners appearing in writ petition no. 1237 of 2005 (SB) that the Association comprises of Junior Engineers and Engineers working in various Zila Panchayats of the State of U.P. alongwith one Ameer Chand Dubey, the petitioner no.2, who is a senior-most Junior Engineer aspiring for promotion on the post of Engineer in Zila Panchayat. The Association is a recognized Association and it is claimed that the association has statutory status to espouse the cause of its members, who are Junior Engineers and Engineers working in the Zila Panchayat of the State. The main thrust of the learned Counsel for the petitioner is that Pradeep Kumar, who was working on the post of Junior Engineer (Non-Gazetted) in Rural Engineering Services, U.P., was initially brought on deputation in Zila Panchayat, Gautam Budh Nagar, vide Government Order dated 2.1.2002 for a period of two years, which was to expire on 2.1.2004 but just after one year on 7.2.2003, the private respondent moved an application for merger of his services in Zila Panchayat, on which the impugned order has been passed. The impugned order is purported to have been passed under Section 43(4)(b) of the Act, which has no application to the facts of the present case. According to petitioners, there is no provision in the Statutory Service Rules or in the Act for appointment of a Government Servant on any post of Centralized Cadre in the Zila Panchayat on deputation beyond a period of five years as well as for absorption of such Government Servant on such post.
(3.) ELABORATING the arguments, it has been submitted that the service conditions of Engineer in Zila Panchayat are governed by the provisions of U.P. Zila Panchayat (Central Transferable Cadre) Rules, 1966 [for short it has been referred to as Rules]. Various posts covered by the aforesaid Rules have been included in the Centralized Cadre of which the Appointing Authority is the State Government. Recruitment to the post of Engineer in a Zila Panchayat is made from (i) 50% by means of direct recruitment and (ii) 50% by means of promotion from lower cadre of Junior Engineers. Rule 14 of the Rules provides about the procedure for direct recruitment on the post of Engineer through Public Service Commission, while Rule 27 of the Rules provides about the procedure for making promotion.;