SURENDRA BAHADUR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) INSTANT writ petition under Article 226 of the Constitution of India has been preferred for issuance of a writ in the nature of mandamus commanding respondents to promote the petitioner on the post of Assistant Engineer in order of seniority subject to fitness. With the consent of parties, we proceed to decide writ petition at admission stage.

(2.) ACCORDING to petitioner's counsel, persons junior to petitioner, were promoted on the post of Assistant Engineer ignoring seniority and in violation of Service Rules. The petitioner is Junior Engineer in U.P. Public Works Department. Service condition is governed by Service Rules framed under Article 309 of the Constitution of India namely, Uttaar Pradesh Lok Nirman Vibhag, Sahayak Abhiyanta (Vidyut Aur Yantrik Shakha) Sewa Niyamawail, 1993 (in short Rules). Rule 16 regulates the appointment through promotion. For convenience, Rule 16 is reproduced as under: - <IMG>JUDGEMENT_360_ADJ10_2013.jpg</IMG> A plain reading of Rules reveals that promotion shall be done in order of seniority subject to fitness.

(3.) LEARNED standing counsel submits that promotions were done against scheduled castes quota but it appears that promotion of junior persons have been done belonging to general category as well as the scheduled castes and other backward castes. Even if promotions were done under reservation quota, then roaster should have been applied in view of the Government orders and service rules which seems to have not been applied. Among 18 persons in seniority list, the petitioner stands at serial No.66 but those, who have been promoted, are much junior to petitioner. The list of these 18 candidates attached with the supplementary affidavit dated 30.11.2010 as Annexure No.1, is reproduced as under: - <IMG>JUDGEMENT_360_ADJ10_20131.jpg</IMG> <IMG>JUDGEMENT_360_ADJ10_20132.jpg</IMG>