HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 6300 of 2018 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the petitioners and Shri Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the State- respondent. 2. The present writ petition has been filed seeking a writ of mandamus commanding the respondent to grant the petitioners; the benefit of time scale by counting the services from the date of initial appointment; rendered as Assistant Engineer prior to date of regularization i.e. 23rd of July, 2003 and in alternative a writ of mandamus has also been sought for counting the services rendered as Assistant Engineer, as has been granted to the juniors to the petitioners, namely, Shri Pradeep Kumar Sharma i.e. with effect from 04.10.1993. 3. Contention put forth by counsel for the petitioners is that the petitioners have been appointed in various period of time, from 1989 to 1991, on the post of Assistant Engineer and their services were regularized, vide order dated 23.7.2003, whereas the junior Pradeep Kumar Sharma was appointed in the year 1993 and his services were regularized on 28.8.2004. He further submitted that Pradeep Kumar Sharma was granted time scale while counting the services rendered as Assistant Engineer since 4.10.1993, whereas the petitioners have not been granted the said benefits. He submits that in the term of the date of appointment, the petitioners are senior to Pradeep Kumar Sharma, who has been Versus Counsel for Petitioner(s) : Rajat Rajan Singh, Rakesh Chandra Tewari Counsel for Respondent(s) : C.S.C. Ajay Goel And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Pl .....Respondent(s) allowed the benefit of time scale, counting the services rendered since 4th of October, 1993. 4. Adding his argument he submitted that the petitioners have been deprived of as the benefits which have been granted to the junior Pradeep Kumar Sharma, has not been accorded to the present petitioners, which is arbitrary action on the part of the respondent- authority. 5. He submitted that the sole respondent may be directed to consider the claim of the petitioners for counting of their services rendered as Assistant Engineer in different period of time from 1989 to 1991. 6. On the other hand Mr. Pradeep Kumar Singh, the Additional Chief Standing Counsel appearing for the State has opposed the aforesaid contentions and submitted that since the order of regularization passed in favour of the petitioners, contains that the regularization will come into force with immediate effect and that has never been assailed by the petitioners. He submitted that the department has rightly considered the services rendered from the date of regularization of the petitioners for counting the benefits of time scale. 7. Upon considering the submission of counsel for the parties, it is evident that the petitioners were appointed in different period of time from 1989 to 1991, on the post of Assistant Engineer and one of the Assistant Engineer, namely, Pradeep Kumar Sharma was appointed in the year 1993 and the services of the petitioners were regularized in year 2003, whereas the services of Pradeep Kumar Sharma was regularized on 28th August, 2004. This Court has noticed that in both the orders of regularization, made in favour of the petitioners as well as Pradeep Kumar Sharma, the conditions mentioned that the regularization would be with the immediate effect i.e. the date of order passed. 8. This Court has further noticed that Pradeep Kumar Sharma has been given the benefit of time scale, while considering the date of initial appointment i.e. 4.10.1993, whereas the present petitioners have been deprived for the said benefits. 9. This Court is failed to understand that why two measures have been WRIA No. 6300 of 2018 2 adopted for granting the benefit to the employees of one department and for the same post. Consequently the petitioners are given liberty to move a fresh claim before the respondent i.e. Additional Chief Secretary, Department of Housing & Urban Planning, U.P. Lucknow within a period of 15 days, while raising his claim seeking the parity with Pradeep Kumar Sharma's case and if such claim is raised, the respondent i.e. Additional Chief Secretary is directed to consider and decide the claim of the petitioners in the light of the fact that the junior to the petitioners, Pradeep Kumar Sharma has been given the benefit of time scale counting the services rendered on the post of Assistant Engineer from the date of initial appointment i.e. in year 1993, within period of two months from the date a certified copy of this order is produced before him. 10. With the aforesaid observations, the present writ petition is hereby disposed of. November 25, 2025 Muk WRIA No. 6300 of 2018 3 (Shree Prakash Singh,J.) Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench