Court No. - 18 Case :- WRIT - A No. - 39199 of 2010 Petitioner :- Gyan Prakash Dwivedi Respondent :- State Of U.P. And Others Petitioner Counsel :- Amit,A. N. Bhargava Respondent Counsel :- C. S. C.,Vivek Sharan Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and learned counsel for the State-
respondents.
There is a dispute of inter se seniority. The petition pertains assignment of
suitable place to the petitioner in the seniority list published by U.P. Rajkiya
Nirman Ltd. in respect of the cadre of Sub-Engineer (Civil). From the order
impugned Annexure No. 2 to this writ petition, this Court finds that the
petitioner set up a claim for computation of seniority after taking into
account the services rendered by him in Public Works Department as had
been done in the case of one Sri Maya Ram Gupta. The application has been
rejected by the Managing Director, respondent no. 2 after recording that
under the service conditions applicable to the Junior Engineer working in
U.P. Rajkiya Nirman Ltd, there is no provision for adding the services
rendered in Public Works Department for the purpose of computation of
seniority. Petitioner could not dispute the correctness of the finding so
recorded however he claims partly with Maya Ram Gupta and challenges the
seniority for various other reasons also.
I am of the considered opinion that in the facts of the case, the petitioner
must approach the U.P. Public Service Tribunal at the fist instance.
The writ petition is dismissed on the ground of availability of statutory
alternative remedy.
Order Date :- 8.7.2010
Puspendra