- (1.) NARAYAN Shukla, J. Heard Mr. Ritu Raj Awasthi, learned Counsel for the petitioner and Mr. I. P. Singh, learned Counsel for the respondents.
(2.) BY means of the present writ petition the petitioner has challenged the order dated 2nd September, 2005 passed by the Chief Engineer, U. P. Jal Nigam, Lucknow, whereby the petitioner has been compulsorily retired from service. The brief facts of the case are that the petitioner was initially appointed on the post of Junior Engineer (E/m) vide office order dated 14/26th December, 1977 and thereafter he was confirmed on the said post vide order dated 12th March, 1984 w. e. f. 25-12-1983 and the petitioner was allowed to cross the first Efficiency Bar in the pay scale of Rs. 550-1020 vide order dated 23-3-1987 with effect from 1-7-1984 and after completion of ten years of satisfactory service on the post of Junior Engineer he was placed in the higher pay scale, i. e. , 850-1350 vide order dated 30-9-1988. On 1-1-1992 he was promoted to the post of Assistant Engineer (E/m), U. P. Jal Nigam. On 25th November, 1995 the petitioner was placed under suspension with the allegation that he submitted a wrong caste certificate. The petitioner belonged to the caste 'bhar', which was notified as Scheduled Tribe by the Government Order dated 26-3-1962 and he was also issued the caste certificate dated 26-8-1977 by Tehsildar Rasara, district Ballia. However, subsequently by way of Government Order dated 10-7-1986 the said caste was notified in the list of backward caste. In pursuance of the suspension order the departmental enquiry held. The Enquiry Officer submitted the report to the disciplinary authority that the petitioner has not committed any such forgery as the said caste certificate was issued by the Tehsildar Rasara, district Ballia. However, by way of punishment order dated 27-2- 1999 the petitioner was reverted to the post of Junior Engineer on the ground that when the petitioner was given promotion to the post of Assistant Engineer he was coming under the category of backward caste so he was not entitled for promotion to the post of Assistant Engineer under the Scheduled Tribe quota.
(3.) THE petitioner submits that he worked as Assistant Engineer with effect from 1-1-1992 to 27-1-1999 and he was placed under suspension during the period of 25-11-1995 to 22-11-1996, which was revoked by office order dated 26-11-1996 and he was given full salary for the suspension period. On 2nd September, 2000 the petitioner was awarded the time scale on completion of 15 years of satisfactory service with effect from 9-2-1993. On 15-11-2001 he was given one extra increment after completion of 19 years of satisfactory service with effect from 9-2-1997. He submits that he was entitled to get the higher/promotional pay scale on completion of 24 years of satisfactory service and in this regard the selection committee was scheduled to be held in January, 2005 and July, 2005, but the same could not be held, due to which the promotional pay scale has not been sanctioned to the petitioner so far. On the strength of the aforesaid facts and circumstances the petitioner submits that there was no material at all before the Screening Committee for recommendation to retire him compulsorily. The petitioner has also attacked on the authority of Mr. A. K. Seth, who being appointing authority has issued the order impugned submitting therein that he was not holding the post of Chief Engineer as one Mr. Kamesh Srivastava was working as Chief Engineer (E-2-2 ). He further submits that the Screening Committee was to look into only the annual entries of preceding ten years.;