SOBHA DIKSHIT, J. - (1.) These bunch of writ petitions arise out of the judgment and order dated 27.10.1994 and subsequent order dated 27.11.1995, 30.4.1996, 22.4.1996 and 31.5.1996, passed by the U.P. Public Services Tribunal (hereinafter referred to as the Tribunal) in a claim petition No. 81/F/IV/95 filed by one Sri S.B.L. Gupta respondent herein. Writ Petition No. 313 (SS) of 1995 and 3061 (SS) of 1996 have been filed by the State Government challenging the judgment and order dated 27.10.1994 and order dated 29.5.1996 passed by the Tribunal, whereas writ petition Nos. 67 (SS) of 1996, 2341 (SS) of 1996, 2997 (SS) of 1996 and 3169 (SS) of 1996 have been filed by one Sri B.S. Rai being aggrieved by the same impugned judgment and order dated 27.10.1994 and 27.11.1995 and subsequent orders passed by the Tribunal in the same proceedings.
(2.) THE controversy centres round the selection/appointment to the sole post of Engineer -in -Chief (Mechanical) (hereinafter referred to as E.I.C. (M) in the department of Irrigation, State of Uttar Pradesh. This is a top administrative post controlling the entire department of Irrigation. Both Sri B.S. Rai petitioner herein and Sri S.B.L. Gupta, the respondent in these writ petitions are the main contenders for this post. The post in question is a selection post based on merit. During the pendency of these writ petitions, the Departmental Promotion Committee met and considered all the eligible candidates for this post including the petitioner and the respondent and found both of them of equal merit. In such a situation, the determination of intense seniority between these two contenders became imperative as per Rules. This Courts, therefore, directed the State Government to finalise the seniority list of Assistant Engineers (M) in the Irrigation Department on the basis of principles laid down by the Hon'ble Supreme Court in the case Baleshwar Dass, reported in 1980 S.C.C. (L&S;) 531, and P.D. Agarwal, reported in A.I.R.1987 SC 1676, followed by a decision of a Division Bench of this Court in the case of S.N. Misra v. State of U.P. and Ors., in writ petition No. 6191 of 1983 and other connected writ petitions, wherein the judgment was rendered on 4.7.1994. The said judgment of the Division Bench has been duly affirmed by Hon'ble Supreme Court also. Pursuant to the directions of this Court, the State Government issued the final seniority list of the Assistant Engineers of Irrigation Department dated 26.4.1996, wherein the name of Sri B.S. Rai, petitioner, finds place at serial No. 1 and that of respondent Sri S.B.L. Gupta below him, for all practical purposes at serial No. 2. Since Sri B.S. Rai was senior to Sri S.B.L. Gupta in the seniority list, hence he was appointed Engineer -in -Chief (M) by the State Government on 28.4.1996 subject to the result of these writ petitions. Sri B.S. Rai as per records placed before this Court, took over the charge of this post on 28.4.1996 itself. The seniority list dated 26.4.1996 however has not been challenged by any of the parties in the present proceedings. All the writ petitions were heard together and are being disposed of by this common judgment.
(3.) I have heard the learned Counsel for all the parties at great length and have perused the record of all the writ petitions including the affidavits exchanged between them and various decisions of the Apex Court and this Court referred and relied upon by them in support of their respective contentions.;