JAI RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of present writ petition, the petitioner has challenged the "Uttar Pradesh Rural Engineering (Group 'A') Services (Fourth Amendment) Rules, 2003, whereby Rule 5 of the said Rule has been amended by means of Notification No. 85CM/62-3-2003-9Res/2003, in exercise of powers granted by proviso to Article 309 of the Constitution of India. The old rule of 1991 wherein the criteria for promotion to the post of Chief Engineer has been amended. The old rule provided that the promotions to the post of Chief Engineer (Grade II) was to be made amongst the substantively appointed Superintending Engineer who had completed in the year of their recruitment at least six years service as Superintending Engineer and a total period of 25 years of service. This Rule has been substituted by the amending rule-the post of Chief Engineer (Grade II) will be filled by promotion from the substantively appointed Superintending Engineers.

(3.) The petitioner has challenged the amended rule on the ground that it has been enacted mala fide and with an intention to given promotion to respondent No. 3 on the post of Chief Engineer on regular basis defeating the judgment of this Court dated 11.3.2003 in Civil Misc. Writ Petition No. 4927 of 2003 and is motivated with mala fide reasons. It has also been challenged on the ground that amended rule is illegal, arbitrary and unfair and gives liberty to promote any person on pick and choose basis without adhering to the seniority and the existing Service Rule of 1991 shall stand frustrated.