PRABODH KUMAR PATHAK Vs. STATE OF U. P.

JUDGEMENT

(1.) The present issue, engaging the attention of this Court has a chequered history of litigation. Essentially, it revolves around the struggle relating to the promotion of Diploma holder Junior Engineer and Degree holder Junior Engineer to the post of Assistant Engineers in the Uttar Pradesh Public Works Department, wherein in the bandwagon, several other stake holders including the direct recruited Assistant Engineers, have also jumped to further complicate the whole issue. Evidently, the primary issue is relating to determination of vacancies arising in the direct and promotion quota for the period 1997-98 to 2003-04 and a secondary issue is relating to the manner this promotion quota can be filled in view of the prevailing United Provinces Services of Engineers (Building and Road Branch) Class-II Rules, 1936, its periodical amendment, Government Orders and most importantly the Judgments passed by this Court and the Hon'ble Supreme Court in that context.

(2.) Although, several judgments and orders have been passed by this Court as well as the Hon'ble Supreme Court, which impacts the promotions of these Junior Engineers during the said litigations era of 1997-98 to 2003-04, however with the remand order dtd. 21/8/2019 by the Hon'ble Supreme Court in Civil Appeal No. 3695/2007 "Aitbal Singh Vs. Pramod Shankar Upadhyaya and Ors.", by virtue of which these writ petitions have been remanded for re-hearing before this Court, all the issues relating to the promotions including the quota stands revived. The relevant extract from the remanding order of the Hon'ble Apex Court can be profitably quoted as herein below:

(3.) Thus, the following writ petitions being remanded vide the aforesaid order dtd. 21/8/2019 passed in Civil Appeal Nos. 6569, 6570, 6571-6572, 6573, 6574 of 2019 (arising out of SLP (C) Nos.28395, 28917,28535-28536 and 33760 of 2011, 3435 of 2012 impugning the Judgment dtd. 8/9/2011 passed by a Division Bench of this Court) are being re-heard :-