Rajesh Nirwal vs State of Uttarakhand and others

Barin Ghosh, C.J.—Subject matter of these writ petitions, facts pertaining to the same and the law applicable thereto are identical to those dealt with by this Court in Writ Petition No. 149 (S/B) of 2011 by the judgment rendered on 1st November, 2011. Applying the ratio of the judgment, so rendered, we also allow these writ petitions and quash orders dated 31st May, 2011 and 6.8.2011 insofar as the same relates to the petitioners in these petitions.

Similar set of disputes has been decided by this Court in Writ Petition No. 203 of 2011 (SS) Rakesh Kumar Dixit Vs. State of Uttarakhand and others along with similar set of writ petitions by the judgment rendered on 27th February, 2012. The factual matrix dealt with in the said judgment are equally applicable to the factual matrix pertaining to the appointment and status of the petitioners in these writ petitions. Accordingly, we declare, as has been declared in Writ Petition No. 203 of 2011 (SS) and connected writ petitions, and also for the reasons recorded therein, that the seniority of the petitioners must be counted from the date, they were originally appointed by the State of Uttar Pradesh in any of the Jal Sansthans. In view of the order, as above, interim order stands recalled. It shall now be open to hold DPC.