U.P. JAL NIGAM AND ORS versus NARINDER KUMAR AGARWAL

Citation: [1996] 1 S.C.R. 1120 · Decided: 31-01-1996 · Supreme Court of India · Bench: K. RAMASWAMY, S. SAGHIR AHMAD, G.B. PATTANAIK · Disposal: Dismissed

Judgment (excerpt)

A 
B 
U.f'. JAL NIGAM AND ORS. 
v. 
NARINDER KUMAR AGARWAL 
JANUARY 31, 1996 
(K. RAMASWAMY, S. SAGHIR AHMAD 
AND G.B. PATTANAIK, JJ.] 
Service Law : 
C 
UP. Water Supply and Sewerage Act, 1975/U.P. Jal Nigam Engineers 
D 
(Public Health Branch) Se1vice Regulations, 1978: 
S.97/Rules 5, 10, l!r-Promotion-Junior Engineer to Assistant En-
ginee1~Promotion in general 25% quota--5% graduates quota-Junior En-
gineer with degree qualification eligible to be considered-Not considered 
once-Next time considered but not selected-On a wlit petition, High Court 
directing to consider his case in the 25% promotion quota-Consideretj and 
promoted-On appeals, held: Jn view of resolution adopting cliteria of zone 
of consideration and the enlployee concen1ed not conzing up in the zone of 
consideration, it cannot be found fault with-In the next selection the Com-
E mittee proceeded on the premise of merit and ability and selected four 
persons-No circumstance brought to Court's notice that the selected can-
didates did not possess supe1ior merit and ability than the employee not 
selected-Hence their selection not beset with any illegality-Since that 
employee has been considered and promoted subsequently on High Court's 
F 
order, no i11te1ference called for. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3344 of 
1996. 
From the Judgment and Order dated 17.1.92 of the Allahabad High 
G Court in C. Misc. W.P. No. 14229 of 1984. 
K.,.Madhava Reddy and Ms. Sandhya Goswami for the Appellants. 
AK. Srivastava Adv. Genl., Rajesh K. Sharma for the Respondents. 
H 
The following Order of the Court was delivered : 
1120 
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U.P.JAL NIGAM v. N.K. AGARWAL 
1121 
Delay Condoned. Leave granted. 
The appellant-U.P. Jal Nigam was formed under the U.P. Water 
Supply and Sewerage Act, 1975. Consequentially, the persons working in 
the Local Self-Government Engineering Department of U.P. were trans-
ferred to the appellant's administrative control. Jn exercise of power under 
Section 97 of the Act, U.P. Jal Nigam Engineers (Public Health Branch) 
Services Regulations, 1978 (for short, 'Regulations') were framed. Rule 5 
of the Regulations envisaged that : 
"5. Keeping into consideration rules 6, 17 and 18, recruitment from 
A 
B 
the following sources : 
C 
(1) Asstt. Engineer; 
A. Direct recruitment on the basis of result of competitive ex-
amination or as prescribed in part 5 of the rules for recruitment. 
But in case of emergency the Nigam can made recruitment on 
the basis of intervie\V also. 
Note : Initial recruitment to the post of Asstt. Engineer will be 
made against only temporary vacancies. 
(2) Junior Engineers and computers of the former Local Self-Govt. 
Department and/or in the service of Jal Nigam by promotion of 
those candidates who have rendered continuous service of ten 
years in the former LSGD and/or U.P. Jal Nigam or any other 
department. Temporary service will be counted for this purpose. 
The candidates fulfilling these conditions and also fall within the 
ambit of Rule 16(3) will be considered. 
Note : The details for recruitment to the post of Junior Engineer 
and computer is given in condition 1. But recruitment will be done 
D 
E 
F 
in such a way that 25% of the vacancies are filed by promotion G 
and the rest by direct recruitment. Any relaxation in this percent-
age will be permitted only when suitable candidates are not avail-
able. 
Rule 10 prescribes that no person will be recruited direct in the civil 
side unless he holds a degree in Civil Engineering or its equivalent from H 
1122 
SUPREME COURT REPORTS 
[1996] 1 S.C.R. 
A 
recognised university or he has passed part A and B of AMIE. Clause B 
thereof also provides that no person shall be recruited to the mechanical 
side on similar conditions. The ratio for direct recruitment is 75% and for 
promotces 25%; and while calculating the vacancies, the ratio of 25% for 
promotees always be maintained. Rule 10(3) which is relevant for the 
B purpose envisages that Computers and Junior Engineers in the service of 
former LSGD or Jal Nigam will not be promoted to the post of Asstt. 
Engineering (Civil) or (Mechanical) under rules 5(1) (ka) (two) unless he 
has passed the condition prescribed in Rule 10(1) and 10(2) of the Regula-
tions. The note appended thereto given liver for relaxation of conditions 
~ 
of recruitment and can adopt any other criteria for the selection and 
C promotion of Junior Engineers and Computers to the post of Assistant 
En

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