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Issues Involved:
1. Jurisdiction under Article 136 and Service Jurisprudence. 2. Seniority disputes among three groups of engineers in the U.P. Service of Engineers (Irrigation Branch). 3. Historical context and evolution of recruitment rules. 4. Validity and interpretation of seniority lists and appointment rules. 5. Application of the 1961 Memorandum and its impact on seniority. 6. Constitutional principles and their influence on service rules. 7. Officiating service and its relevance to seniority. Issue-wise Detailed Analysis: 1. Jurisdiction under Article 136 and Service Jurisprudence: The judgment begins by highlighting the problems caused by the "unlimited jurisdiction under Article 136," which leads to excessive litigation, clogging the judicial system. The court suggests that specialized tribunals should handle service jurisprudence to reduce the burden on higher courts. 2. Seniority disputes among three groups of engineers in the U.P. Service of Engineers (Irrigation Branch): The primary issue revolves around the competitive claims to seniority among three groups of engineers: directly recruited graduate engineers, graduate engineers later absorbed, and diploma-holders promoted as Assistant Engineers. The disputes have led to multiple litigations, affecting the functioning of the engineers and the developmental projects they are involved in. 3. Historical context and evolution of recruitment rules: The judgment traces the history of the U.P. Service of Engineers, noting that the service was initially governed by rules framed under the Government of India Act, 1919. The lack of comprehensive and updated rules has led to conflicts and litigation among the engineers. The court emphasizes the need for updated rules that align with constitutional principles and current realities. 4. Validity and interpretation of seniority lists and appointment rules: The court examines the seniority lists prepared by the state, noting that the lists have been challenged multiple times. The High Court had quashed the seniority lists of 1965 and 1969, directing the state to prepare new lists in accordance with the rules. The court stresses the importance of Rule 23, which determines seniority based on the date of the order of appointment. 5. Application of the 1961 Memorandum and its impact on seniority: The 1961 Memorandum introduced direct recruitment through competitive examinations conducted by the Public Service Commission and set quotas for different sources of recruitment. The court notes that the memorandum must be read in conjunction with the 1936 Rules, and it cannot override the rules. The court emphasizes that temporary appointments, if made substantively, should be considered for seniority purposes. 6. Constitutional principles and their influence on service rules: The court stresses that the interpretation of service rules must be consistent with Articles 14 and 16 of the Constitution, which mandate equality and non-discrimination. The court rejects the argument that the seniority list and rules are unconstitutional, emphasizing the need to interpret the rules in a manner that aligns with constitutional principles. 7. Officiating service and its relevance to seniority: The court holds that officiating service should be considered for seniority if the appointments are regular and meet the necessary conditions, such as consultation with the Public Service Commission and completion of probation. The court emphasizes that long-term temporary appointments should not be disregarded for seniority purposes merely because they are labeled as temporary. Conclusion: The court directs the state to prepare a new seniority list based on the principles laid down in the judgment, ensuring that temporary appointments made substantively are considered for seniority. The court emphasizes the need for updated service rules that align with constitutional principles and address the current realities of the service. The appeals are partially allowed, and the writ petitions are dismissed, with the parties bearing their own costs.
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