ORDER M. Katju, J.
1. This writ petition has been filed against the Impugned order dated 26.12.2000, Annexure-1 to the writ petition by which petitioner's representation had been rejected by the State Government.
2. Heard learned counsel for the parties.
3. The petitioner was selected and appointed as Work Engineer on work charge basis by order dated 18.1.1983 Annexure-3 to the writ petition. Thereafter in pursuance to the G.O. dated 20.1.1985 a selection committee was constituted and after taking into account the satisfactory work of the petitioner, he was appointed as Assistant Engineer vide order dated 12.6.1985, Annexure-5. His service was regularised as Assistant Engineer by order dated 14.12.1989. A seniority list of the Assistant Engineer of Rural Engineering Service was published by the department on 4.1.1995 wherein the petitioner's name was placed at serial No. 274 showing petitioner's seniority with effect from 14.12.1989. Photostat copy of the seniority list dated 4.1.1995 is Annexure-6. A perusal of the seniority list shows that persons placed at serial Nos. 8 to 64 were regularised vide order dated 15.4.1985 w.e.f. 14.5.1979, and similarly the person placed at serial No. 132 was regularised by order dated 17.1.1990 w.e.f. 13.5.1984, One Subhash Singh whose name is at serial No. 8 was given the benefit of his previous service and his seniority fixed accordingly. However petitioner was not given any benefit of his previous service in the department. Hence, he has made representations dated 10.3.1995 and 25.5.1998 claiming seniority from the date of his initial appointment i.e., 18.1.1983 vide Annexures-7 and 8. He made further representations and copy of the last representation dated 6.5.2000 is Annexure-2 to the writ petition. However by the impugned order, the said representation has been rejected.
4. It appears that the State Government had not made any Service Rules for the department prior to 1993 governing service conditions of Assistant Engineers in the Department of Rural Engineering Service. U. P. For the first time on 10.6.1993, the U. P. Rural Engineering (Group B) Service Rules, 1993 came into force i.e., much after the petitioner's initial appointment on 18.1.1983 and regularisation order dated 14.12.1989. Hence the petitioner has alleged that he ought to have been regularised in accordance with the executive direction and Government order from 18.1.1983. True copy of the Service Rules, 1993 is Annexure-10.
5. Aggrieved, this writ petition has been filed in this Court.
6. The petitioner filed amendment application and impleaded several persons as respondents vide order dated 25.11.2002. By an amendment application, the petitioner has challenged seniority list dated 14.12.2001 which has been annexed to the amendment application.
7. A counter-affidavit has been filed by the State Government. In para 5, it is stated that the petitioner was not given regular appointment by the department vide G.O. dated 14.12.1989. It is stated in para 7 that ad hoc services had not been added for the purposes of seniority list. The petitioner's representation has been duly considered and rejected. In para 8 it is stated that the petitioner's service was regularised by G.O. dated 14.12.1989 in terms of U. P. Regularisatlon of Ad hoc Appointment (within the purview of Public Service Commission) Rules, 1979. In para 13, it is stated that prior to the coming into force of the Service Rules regarding determination of seniority, the G.O. dated 9.4.1980 was issued containing draft service rules.
8. Rejoinder-affidavit has also been filed and we have perused the same.
9. In Direct Recruit Class II Engineering Officers Association v. State of Maharashtra, AIR 1960 SC 1607, it was held by the Supreme Court that seniority has to be counted from the date of appointment and not according to the date of confirmation.
10. In our opinion, this decision squarely, applies to the facts of the present case. Admittedly the petitioner was appointed as Assistant Engineer on 18.1.1983 when the Service Rules, 1993 had not come into force. Subsequently, he was confirmed also. It is settled law that seniority is to be counted from the date of continuous affliction on the post in view of the above decision of the Supreme Court.
11. Following the said decision, this writ petition is allowed. The impugned order dated 26.12.2000 is quashed. The respondents are directed to fix petitioner's seniority with effect from the date of his initial appointment on 18.1.1983. The seniority list shall be rectified accordingly.