B.S.Chauhan, J. - (1.) This writ petition has been filed for issuing a direction to the respondent not to give effect to the order/seniority list dated 17.12.2003 (Annexure-6) and to give an option to the members of the petitioner-union to opt for the new Rules or to continue under the old Rules.
(2.) Facts and circumstances giving rise to this case are that the petitioner is a registered trade union of engineering staff of engineering cadre of Jai Sansthan, Jhansi, i.e., Junior Engineers, Assistant Engineers, Executive Engineers and General Managers. The services of the members of the petitioner union are governed and regulated by the provisions of the U. P. Patika (Centralised ) Services Rules, 1966 (hereinafter called the 'Rules, 1966'). Rules 20 and 21 thereof provided for promotion and appointment to the centralised services. Rule 20 thereof provided for filling up the vacancies by promotion on the basis of inter se seniority subject to the rejection of unfit in consultation with the U. P. Public Service Commission. Promotions have been made from time to time under the said provisions. However, in Rule 21 (2) thereof, amendment has been made in 2003 (as notified in the Gazette dated 27.2.2003) providing that on the posts of General Manager and Urban Engineer (Water), promotion shall be made exclusively on merit. Hence this petition.
(3.) Sri R. K. Nigam, learned counsel appearing for the petitioner submits that amendment had been made taking away the accrued rights of the members of the petitioner-union for future promotion and as the same has been made without giving an option to the members of the petitioner union either to opt the new Rules or to continue under old system and without giving any opportunity of hearing to either of them or their representatives, it is arbitrary, and as the same has been made in utter disregard to the principles of natural justice, the same is liable to be quashed.;