DINESH KANT SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) BY this petition the petitioner has challenged the validity of proviso to Rule 5 of the U. P. Land Development and Water Resources Department Group 'A' Service Rules, 2003 (hereinafter referred to as the 2003 Rules) as amended by Notification dated 21.11.2005 contained in Annexure 4-A to the writ petition and sought relief to d?clare the aforesaid provisions as null and void, being ultra-vires the provisions of equality clause of the constitution. Further relief of mandamus was sought for commanding the respondent to finalise all promotions from Group 'B' to Group 'A' service as also for promotions in Group 'A' itself ignoring the proviso to Rule 5 of 2003 Rules as amended by Notification dated 21.11.2005.

(2.) THE relief sought in the writ petition rests on the allegations that the petitioner was initially appointed as Overseer in Sharda Sahayak Command Project by order dated 17.2.1979 issued by Deputy Director of Agriculture Soil Conservation Sharda Sahayak Command Project Varanasi, in pursuance thereto he joined the post on 19.12.1979 and since then he is in continuous service. THE post of Overseer has been subsequently re-designated as post of Junior Engineer, thereafter, the petitioner was promoted on the post of Soil Conservation Officer vide order dated 11.8.1994 passed by State Government w.e.f. 30.3.1988 i.e. the date from which the person immediately junior to the petitioner were promoted on the post. Subsequently on 23.12.2004 the petitioner's services were regularised on the post of Soil Conservation Officer in accordance with the provisions of U. P. Regularisation of ad hoc promotion (On post outside the purview of Public Service Commission) Rules, 1988 as amended on 20.12.2001 by the (Ist Amendment) Rules 2001.THE aforesaid regularisation was effected from 30.3.1988. It is stated that recruitment to the post of soil conservation Officer, is governed by the rule known as THE Command Area Project - Bhoomi Sanrakshan Adhikari and Technical Officer Service Rules 1993 (Annexure 3 to the writ petition) (herein after referred to as 1993 Rules). THE status of service of the members of Command Area Project - Bhoomi Sanrakshan Adhikari and Technical Officer Service is of holder of a group 'B' post, which comprises the post of Soil Conservation Officer and Technical Officer. Under Rule 5 of 1993 Rules, the post of Soil Conservation Officer and Technical Officer are to be filled up by promotion from amongst the substantively appointed Junior Engineer and Technical Assistant who have completed 7 years of service on the Ist day of the year of recruitment. However, 10 percent post of total strength of Cadre reserved for substantively appointed Junior Engineers and Technical Assistants who possess Bachelor Degree in Agriculture or Civil Engineering.

(3.) WE have heard Sri Ashok Khare, learned senior counsel assisted by Sri Aditya Kumar Singh for the petitioner and Sri Sheo Nath Singh, learned Addl. Chief Standing Counsel appearing for the respondents.