Supreme Court Directs Fresh Seniority List for Junior Engineers in Uttar Pradesh Minor Irrigation Department

The Supreme Court of India recently ruled in a significant case concerning the seniority of Junior Engineers in the Uttar Pradesh Minor Irrigation Department. The case, involving multiple appellants, including Ajay Kumar Shukla and Others vs. Arvind Rai and Others, revolved around disputes arising from the preparation of seniority lists. The Court set aside the Allahabad High Court’s Division Bench decision and upheld the Single Judge’s order directing the preparation of a fresh seniority list.

Background of the Case

The appellants were Junior Engineers in the Minor Irrigation Department, Uttar Pradesh. Their grievance stemmed from the final seniority list issued on March 5, 2010, which allegedly placed them at a disadvantage. Initially, the dispute pertained only to the 2010 list, but during the proceedings, an amendment extended the challenge to the earlier list of September 5, 2006.

The dispute arose because the seniority list was prepared by placing candidates in the sequence in which the Uttar Pradesh Public Service Commission (UPPSC) forwarded three separate selection lists for three engineering streams—Agriculture, Mechanical, and Civil. The appellants contended that this method ignored inter-se merit across all streams and violated statutory rules.

Proceedings in the High Court

The appellants approached the Allahabad High Court through a writ petition challenging the seniority lists of 2006 and 2010. A Single Judge ruled in their favor, quashing the seniority lists and directing the department to prepare a fresh one following Rule 5 of the Uttar Pradesh Government Servant Seniority Rules, 1991.

The respondents appealed, and a Division Bench of the High Court overturned the Single Judge’s ruling, dismissing the petition. The Division Bench held that the appellants had delayed challenging the 2006 list and that non-joinder of all affected Junior Engineers was fatal to their case.

Arguments Before the Supreme Court

Appellants’ Arguments:

The appellants argued that the preparation of the seniority list violated Rule 5 of the Seniority Rules, 1991, which mandates that inter-se seniority of direct recruits be based on merit.
They contended that they learned about the flawed process only after the 2010 seniority list was published.
They asserted that the three separate lists should have been merged based on merit instead of being placed sequentially according to the date of receipt.
They maintained that sufficient affected candidates had been impleaded, meeting the requirement of fair representation.

Respondents’ Arguments:

The respondents defended the method of preparing the seniority list, arguing that it was done in accordance with the received selection lists.
They contended that the appellants’ challenge suffered from excessive delay and laches.
They claimed that not all affected engineers were impleaded, making the challenge legally unsustainable.

Supreme Court’s Observations

The Supreme Court examined the statutory provisions governing seniority in the Minor Irrigation Department. The key observations were:

Violation of Rule 5 of the Seniority Rules, 1991: The Court held that the government failed to prepare the seniority list in accordance with merit.
Delay Not a Justifiable Ground: The Court ruled that since the appellants only became aware of the issue after the 2010 list, the delay argument was inapplicable.
Impleadment of Affected Engineers Was Sufficient: The Court noted that impleading a few affected candidates satisfied legal requirements for fair representation.
Merit Must Govern Seniority: The Court emphasized that placement in the seniority list should not be based on when selection lists were received but on inter-se merit.

Final Judgment

The Supreme Court allowed the appeals, setting aside the Division Bench’s ruling and restoring the Single Judge’s decision. It directed the government to:

Prepare a fresh seniority list as per the merit ranking determined by the UPPSC.
Ensure that promotions already granted would remain valid but be subject to the revised seniority list.
Complete the exercise within a reasonable timeframe.

Key Takeaways

Seniority Lists Must Follow Merit: The judgment reaffirms that seniority among direct recruits must be based on inter-se merit, not administrative convenience.
Delay Arguments Must Be Justified: A challenge to seniority can be entertained if the affected party was unaware of the basis of the list at the time of its issuance.
Partial Impleadment is Sufficient: When a dispute affects multiple individuals, impleading a few in a representative capacity is adequate.
Administrative Discretion is Limited: Government departments cannot determine seniority in a manner that contradicts statutory rules.

This ruling ensures that fair employment practices are maintained in government recruitments and promotions.

Petitioner Name: Ajay Kumar Shukla and Others.
Respondent Name: Arvind Rai and Others.
Judgment By: Justice D.Y. Chandrachud, Justice Vikram Nath, Justice B.V. Nagarathna.
Place Of Incident: Uttar Pradesh.
Judgment Date: 08-12-2021.

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