- (1.) Sheodan Singh is assailing before us the seniority list/order dated 31st March, 2015 and 9th May, 2014 (Annexure 24 and 18 to the writ petition) and has prayed for consequential benefits and to consider his candidature for being promoted on the post of Senior Project Engineer (Civil) in NOIDA Authority on the basis of his seniority as is existed prior to year 2014.
(2.) Brief background of the case is that under the U.P. Industrial Area Development Act, 1976, for development of certain areas in the State into industrial and urban township and for matters concerned therewith State Government has by way of notification constituted an Authority known as New Okhla Industrial Development Authority constituted under the provision as contained in Section 3 of the 1976 Act. Section 4 of the 1976 Act provides for appointment of Chief Executive Officer by the State Government as a whole time officer of the Authority. Section 5 of 1976 Act deals with, staff of the Authority, and Sub-Section (i) of Section 5 authorises the Authority to appoint such number of employees, officers, as may be necessary for the performance of functions and to determine their grade and designations, subject to control/restrictions to be general/special orders of State Government. Sub-Section (2) of Section 5 provides that officers and other employees shall be entitled to receive salaries and allowances from the funds of Authority and shall be governed by such other conditions of service as may be agreed upon by the Authority. Section 12 of 1976 Act, incorporates certain provisions of U.P. Urban Planning and Development Act 1973, such as the provisions of Chapter VII and Sections 30, 32, 40, 41, 42, 43, 44, 45, 46, 47, 49, 50, 51, 53 and 58. Section 18, authorises the State Government to frame Rules for carrying out the purpose of the Act. Section 19 authorises the Authority to make Regulations with previous approval of the State Government. Under Section 19 of U.P. Industrial Area Development Act, 1976, New Okhla Industrial Development Authority, has framed service regulation namely NOIDA Service Regulation 1991.
(3.) Petitioner claims that he holds academic qualification of Bachelor of Engineering (B.E.), Master in Business Administration (M.B.A.) and is also a Law Graduate and hails from Schedule Caste Community and he was appointed as Junior Engineer on 06.06.1990 at NOIDA Authority, which is an authority constituted in exercise of provisions of Section 3 of U.P. Industrial Area Development Act, 1976. Petitioner claims that thereafter he has been promoted on the post of Assistant Project Engineer (A.P.E.) based on recruitment and Promotion Policy, 1993 and further claims that thereafter he has been further promoted on the post of Project Engineer on 27th September, 2002.;