SUPREME COURT OF INDIA

Before:- S.C. Agrawal, D.P. Wadhwa and Ajay Prakash Misra, JJ.

Civil Appeal Nos. 1497-1498 of 1998 (arising out of S.L.P. (C) Nos. 1624-1625 of 1998). D/d. 6.3.1998.

Paramjeet Singh - Appellant

Versus

State of U.P. and others - Respondents

Constitution of India, Articles 16 and 226 - Equality In Public Employment - Writs - Appeal - Appellant promoted as Executive Engineer in Hill cadre - Interim order passed by High Court whereby his posting was stayed - Writ petition of appellant against it - Subsequently said interim order has been vacated - Dismissal of writ petition as infructuous - Not proper - After dismissing the writ petition it was necessary of the High Court to have given appropriate directions with regard to his posting as well as for payment of his salary.

[Paras 3 and 4]

JUDGMENT

Special leave granted.

2. Paramjeet Singh, appellant herein, was originally working as Assistant Engineer in Minor Irrigation Department of the State of U.P. By order dated July 22, 1997 he was promoted as Executive Engineer in the Hill Cadre on the recommendations of the Departmental Promotion Committee. By order dated August 19, 1997 he was posted as Executive Engineer Minor irrigation at Nainital. He took charge of the said post on August 21, 1997. Pradeep K. Srivastava, respondent No. 4 who was posted as Executive Engineer, Minor Irrigation, at Nainital was transferred from Nainital and was attached to the Superintending Engineer Pauri Respondent No. 4 filed a writ petition (W.P. No. 28125 of 1997) in the Allahabad High Court wherein he challenged the order for his transfer. In the said writ petition by an interim order passed on September 2, 1997, the operation of the order dated August 19, 1997 relating to the posting of the appellant was stayed. As a result of the said interim order passed by the High Court the appellant was deprived of the post of Executive Engineer at Nainital by order of the Commissioner, Kumaon Division, dated September 11, 1997 and he was neither given any other posting nor was he paid any salary after he was deprived of the post of Executive Engineer at Nainital on September 11,1997. The appellant filed a writ petition (W.P. No. 35616/97) in the Allahabad High Court wherein he prayed for quashing of the order of Commissioner dated September 11, 1997 and for being posted as Executive Engineer, Minor Irrigation, Nainital in any other workable post of Executive Engineer, Minor Irrigation in the Hill Cadre and for payment of salary and allowances since August, 1997. The writ petition filed by respondent No. 4 and the appellant were disposed of by the High Court by orders dated January 19, 1998. The writ petition filed by respondent No. 4 was dismissed by the High Court on the view that since he did not belong to Hill Cadre his attachment to the office of Superintending Engineer, Pauri was totally vitiated and it was directed that he be posted on regular line anywhere in the plains. But at the same time it was directed that interim order granted earlier shall lapse after ten weeks. After passing the said order on the writ petition of respondent No. 4, the High Court passed the order on the writ petition of the appellant and dismissed the said writ petition as infructuous oh the view that since the interim order passed in writ petition No. 28125/97 filed by respondent No. 4 has been vacated, the writ petition filed by the appellant had lost its efficacy.

3. We are unable to appreciate the order passed by the High Court on the writ petition filed by the appellant. The appellant was deprived of the post of Executive Engineer, Minor Irrigation, on the basis of the interim order dated September 2, 1997 passed by the High Court in the writ petition filed by respondent No. 4. After dismissing the writ petition of the respondent No. 4" it was necessary for the High Court to have given appropriate directions in the writ petition of the appellant with regard to his posting as well as for payment of his salary. The writ petition could not be dismissed as infructuous.

4. The appeals are therefore, allowed and it is directed that the appellant be given suitable posting as Executive Engineer, Minor Irrigation, in the Hill Cadre and till he is given such posting he should be paid the salary for the period he has not been paid the salary on account of his being deprived of the post of Executive Engineer, Minor Irrigation, Nainital on September 11, 1997. The said amount of salary should be paid within one month. No order as to costs.

Appeal allowed.