VINOD KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) This is a glaring illustration of the audacity of the respondents-officers of Public Works Department going to the extent of even filing false affidavits before this Court and attempting to misrepresent and mislead this Court. The observations would stand demonstrated from the following facts borne out from the record.

(2.) Petitioner claims to have obtained a driving license, valid for Motor Car and Light Motor Vehicle, from licensing authority, Motor Vehicle Department, Kanpur on 7.6.1984 which was renewed thereafter from time to time. He was engaged as Cleaner in the year 1990 and ultimately was regularized on the said post of Cleaner by order dated 17.7.2007 passed by Executive Engineer, Provincial Division, P.W.D. Fatehgarh, copy whereof is on record as Annexure 9 to the writ petition. Respondents proceeded to promote some daily wage Cleaners as Driver by order dated 27.6.2007 whereagainst petitioner made a representation on 29.6.2007 that he should also be considered for promotion to the post of Driver when his juniors have been promoted and then came to this Court in Writ Petition No. 54100 of 2007, which was disposed of finally vide judgment dated 14.2.2011 with the following order:

(3.) It appears that pursuant thereto, the Superintending Engineer, Etawah Circle, Public Works Department, Etawah passed order dated 25.7.2011 rejecting petitioner's representation seeking promotion on the post of Driver on the ground that in the seniority list received from the Office of Engineer-in-Chief with respect to Group "C" employees, name of petitioner was not shown in the list of Cleaners, and, secondly that petitioner's initial appointment was on the post of Helper and there is no departmental rule for promoting Helper to the post of Driver. The present writ petition has been filed assailing the aforesaid order as also the direction issued by Chief Engineer by letter dated 15.6.2007 directing Superintending Engineer concerned to consider only those persons whose names are mentioned in the appended list at Sl. No. 236 to 265 working as Cleaner for promotion to the post of Driver. Petitioner has also challenged the order dated 27.6.2007 whereby respondents 6, 7 and 8 were promoted as Driver from the post of Cleaner.