(1.) We have heard Shri Ashok Khare, Sr. Advocate assisted by Shri Siddharth Khare, for the petitioners. Learned Standing Counsel appears for the State respondents.
(2.) The petitioners are working as Junior Engineer (Civil) in Public Works Department of the State. The petitioner no.1 was initially appointed as Junior Engineer (Civil) in Rural Engineering Service on 15.11.1997. He was, later on appointed as Junior Engineer in Public Works Department on 23.10.2000. By order dated 9.3.2006 passed by the Superintending Engineer, his services rendered in Rural Engineering Services were directed to be counted in the Public Works Department. The petitioner no.2 was selected for appointment through Public Service Commission U.P. in pursuance to Advertisement No.3 of 1998-99 after receiving the benefit of judgment of this Court in Anil Kumar Agrawal v. State of U.P. & Ors. in which directions were given to re-determine and readjust the quotas for physically handicapped candidates as provided in U.P. Public Services (Reservation for Physically Handicapped, Dependent of Freedom Fighters and Ex-Servicemen) Act, 1993 (U.P. Act No.4 of 1993) as amended by U.P. Act No.6 of 1997 and U.P. Act No.29 of 1999.
(3.) Both the petitioners were appointed on substantive posts and have completed seven years of service. In this writ petition they have challenged the order dated 5.7.2010 passed by the Principal Secretary, Public Works Department-4, Government of U.P., in compliance with the order dated 9.4.2010 passed by Lucknow Bench of this Court in Writ Petition No.426 (SB) of 2010, Bhanu Pratap Singh v. State of U.P. & Anr., rejecting their representation for providing reservation in promotions for physically handicapped persons in Group A and B in public services in the State.