RATAN KUMAR NIGAM Vs. STATE OF UP

JUDGEMENT

(1.) The petitioner was appointed as Junior Engineer in Allahabad Development Authority, Allahabad on 17.2.1981. He joined on 1.3.1981. His services are regulated by U.P. Development Authority Centralised Service Rules, 1985. The Rules provide 50% posts of Assistant Engineer (Civil) to be filled up by promotion of Junior Engineer. By this writ petition the petitioner has prayed for quashing the Office Order dated 11.9.2007 and the order dated 30.12.2009 by which his representation for promotion as Assistant Engineer was rejected. He has also prayed for a direction to the Respondents to permit him to function as Assistant Engineer (Civil) and to pay him salary of the post.

(2.) The petitioner had earlier filed a Writ Petition No. 10320 of 2007, which was decided on 26.2.2007, with a direction that in case the petitioner filed a representation, the same shall be decided, if possible within three months. The Principal Secretary, Government of U.P., Awas Evam Sahari Niyojan, Anubhag-5, disposed of the representation on 30.12.2009 with a decision that since there is no post available in 5% degree quota, under the rules, for the petitioner, his promotion is not possible.

(3.) In his representation to the State Government, the petitioner alleged that he was awarded graduate degree in the year 2003 to be promoted and is eligible for being promoted as Assistant Engineer in the 5% quota for degree holders. He is the senior most person with a degree in engineering and is entitled to promotion in the general category. There are 11 posts in the cadre for Assistant Engineer out of which 9 posts fall in general category and 2 are reserved for Scheduled Caste, whereas the Government has promoted three persons in the Scheduled Caste quota. According to the Rules of Reservation only 21% posts can be reserved for Scheduled Caste, which according to the total number of 11 posts would come to 2.3, and since this number is more half of the whole, only two persons could be promoted in Scheduled Caste. The State Government found that according to reservations promotions prescribed in the State to the extent of 21% for Scheduled Caste and 2% for Scheduled Tribe, if both the categories are added together, 23% of the 11 posts will come to 2.53, and thus three posts are reserved for Scheduled Caste/Scheduled Tribe. At present all the posts are filled up and thus the petitioner cannot be promoted at this stage.