DHIRENDRA CHATURVEDI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri A. K. Gupta, learned counsel appearing for the petitioner and Sri V. N. Agarwal, learned standing counsel for the State of U. P., representing the respondents.

(2.) The petitioners, an erstwhile Junior Engineer (Civil) in the Irrigation Department of the State of U. P., urges this Court to Issue mandamus to the respondents directing them to promote him as Assistant Engineer and also to pay his salary and other benefits admissible to Assistant Engineer.

(3.) Indisputably, the promotion to the post of Assistant Engineer is regulated by sub-rule (iv) of Rule 5 of the U. P. Service of Engineers Class II, Irrigation Branch Rules, 1936 (as amended by the Uttar Pradesh Service of Engineers Class II, Irrigation Branch (Amendment) Rules, 1988), (hereinafter called the Rules). Sub-rule (iv) of Rule 5 of the Rules Is as under :