Petitioners before this Court, who are five in number, seek quashing of the order of the Engineer-in-Chief, Irrigation Department, Lucknow dated 11.01.1990, enclosed as Annexure nos. 8 and 9 to the writ petition. It is further prayed that the respondents may be commanded to ensure payment of salary to the petitioners as Senior Clerk along with other incidental reliefs.
Petitioners before this Court have all been appointed as Junior Clerk in the Irrigation Department of State of U.P. subsequent to 23.10.1978 but prior to 15.02.1979. In accordance with the Government Order issued on 20.08.1983, rationalisation of the cadre of clerks in the Irrigation Department was directed. It was provided that having regard to the total cadre strength, percentage of the post shall be those with the designation of Senior Clerk and remaining shall be with the designation of Junior Clerk. In accordance with the Government Order, a decision was taken by the departmental authorities to provide the designation and scale of Senior Clerk to 1250 persons working as Junior Clerk in the Irrigation Department within the percentage provided.
Since at the relevant time, a tentative seniority list was available with the department, persons appointed upto 15.02.1979 were found to be within the total number of 1250 candidates entitled to be designated as Senior Clerk and paid salary accordingly. The petitioners were accordingly designated as Senior Clerk as they had been appointed prior to 15.02.1979.
Subsequently, representations were received in the matter of seniority and after re-determination of the seniority it was found that candidates only up to 23.10.1978 could be designated as Senior Clerk within the quota provided therefor under the rationalisation order. Since the petitioners were appointed on a date subsequent to 23.10.1978, the order designating them as Senior Clerk and granting them salary as such has been withdrawn. It is against this order dated 11.01.1990, the present writ petition has been filed.
Learned counsel for the petitioners challenges the order on the ground that the same has been passed without affording opportunity of hearing.
This Court would have normally remand the matter for fresh orders being passed after affording opportunity to the petitioner, but since the present writ petition is of the year 1990 and has been pending before this Court for the last 22 years, this Court deems fit and proper to examine the reasons recorded for withdrawal of the designation as Senior Clerk.
On examination of the records, this Court finds that there is hardly any challenge worth consideration to the reasons disclosed by the authorities qua withdrawl of the designation of Senior Clerk as was earlier accorded in favour of petitioners.
From the counter affidavit, it is apparent clear after revision of the seniority list, it has been found that the candidate appointed as Junior Clerk upto 23.10.1978 alone could be designated as Senior Clerk and paid salary accordingly having regard to the ratio of post of Senior Clerk determined under the rationalisation order. This aspect of the matter is not under challenge. It is further not in dispute that the petitioners have been appointed subsequent to 23.10.1978.
In view of the aforesaid, the reason for withdrawal of the designation offered to the petitioners as Senior Clerk and the corresponding pay-scale is, therefore, legally furnished.
The issue which remains for consideration is as to whether excess salary paid to the petitioners can be recovered or not. It may be recorded that for last 22 years, the petitioners have continued as Senior Clerk because of the interim order of the Court. Since there are no allegations of fraud or misrepresentation against the petitioners, this Court feels it just and proper to issue a direction that any excess salary paid to the petitioners shall not be recovered.
The present writ petition is dismissed subject to the directions issued above.
Interim order, if any, stands discharged.
Order Date :- 22.3.2012 Shekhar