Govt. Cannot Effect Merger Of Feeding Cadre To Higher Cadre In Violation Of Service Rules: Allahabad HC [Read Judgment]

The Allahabad High Court on Tuesday held that the government cannot effect the merger of the feeding cadre to the higher cadre if not envisaged under the Service Rules, and that an amendment, even if having retrospective effect, would not adversely affect the rights accrued to the employees under the Rules as existed.Justice Manish Kumar was hearing the petitioners feeling aggrieved by the final Seniority list dated 15.04.2019 in so far as it relates to the placement of the petitioners below Passenger Tax / Goods Tax Superintendents, whose services have been merged in the higher cadre of posts of Passenger Tax, Goods-Tax Officer to which petitioners were directly appointed.The dispute pertained to the placement of seniority on the post of Passenger Tax, Goods-Tax Officer amongst the direct recruits i.e. the petitioners and the private respondents, who were working on the post of Passenger Tax / Goods Tax Superintendents, the feeding cadre for promotion to the post of Passenger Tax, Goods-Tax Officers, but their services have been merged with Passenger Tax, Goods-Tax Officers vide Government Order dated 3.5.2011 abolishing post of Passenger Tax /Goods Tax Superintendents."The case mainly hinges upon the question as to whether the Amendment Rules 2018 (to the 1980 UP Transport Taxation Service Rules) are partly retrospective in effect so far as it bestows benefit of seniority to the respondents and other similarly situated persons in the list of seniority of Passenger Tax, Goods - Tax Officer", observed the Single Judge.FactsThe services of the petitioners and the respondents are governed by the Provisions of the Uttar Pradesh Transport Taxation (Subordinate), Service Rules, 1980. The Rule 5, in Part III of the Rules 1980 deals with sources of recruitment to the service and as per Sub-Rule (1) of Rule 5, the post of Passenger Tax/ Goods-Tax Officers is to be filled up by direct recruitment through the Commission and by promotion also through the Commission from amongst the permanent Passenger Tax / Goods Tax Superintendents, who have put in at least 5 years of continuous service as such besides some other sources. According to Rule 5, the post of Passenger Tax, Goods Tax Officers were advertised by the U.P. Public Service Commission in the year 2009. The petitioners, since they fulfilled the requisite eligibility criteria, applied for the aforesaid advertised post and were selected for appointment.Thereafter, the State government issued a Government Order dated 3.5.2011, by which the Post of the Passenger / Goods Tax Superintendents was abolished and the persons working on those posts were merged with the post of Passenger Tax Goods Officers. The government order dated 3.5.2011 was challenged by the ministerial employees, who were also eligible to be considered for promotion on the post of Passenger Tax, Goods-Tax Officers alongwith Passenger Tax / Goods Tax Superintendents, by filing a Writ Petition and in this case, an interim order dated 27.05.2011 was passed by this Court directing for maintaining the status quo till the next date of listing. In the above mentioned writ petition, an application was preferred by the State of U.P. for modification / clarification of the order dated 27.05.2011 to the extent that the 15 selected candidates including the present petitioners be allowed to join on the post of Passenger Tax, Goods-Tax Officers. The application for modification was allowed by this Court vide order dated 22.02.2013 allowing the 15 selected candidates including the present petitioners to join on the post of Passenger Tax, Goods-Tax Officer. The appointment letters were issued.The petitioners also preferred a Writ Petition in 2015 assailing the Government Order dated 3.5.2011, but not pressed the same with liberty to file a fresh writ petition, as permitted by the order of this Court dated 26.03.2015. At the same time, the 2011 Writ Petition was also dismissed as withdrawn vide order dated 17.07.2015. After the disposal of above writ petitions, on 13.08.2015 a tentative seniority list was published, wherein the names of the petitioners were tentatively placed below the employees, who were initially appointed as Passenger Tax / Goods Tax Superintendents and subsequently claimed to have been merged on the post of Passenger Tax, Goods-Tax Officers in the light of Government Order dated 3.5.2011. The petitioners preferred detailed objections to the seniority list, but the same was rejected and a final seniority list was published on 11.09.2015 for the post of Passenger Tax, Goods-Tax Officers, maintaining the seniority shown in the tentative seniority list.The petitioners then preferred another writ Petition challenging the validity of the seniority list dated 11.09.2015 and the Government Order dated 3.5.2011. The Writ Petition was finally allowed by this Court vide judgment and order dated 13.04.2017, quashing the seniority list dated 11.09.2015 with a further direction to prepare a fresh seniority...

Govt. Cannot Effect Merger Of Feeding Cadre To Higher Cadre In Violation Of Service Rules: Allahabad HC [Read Judgment]

Mehal Jain

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