V K BANERJEE Vs. STATE OF U P

JUDGEMENT

(1.) A Division Bench consisting of one of us looking to the importance of the question raised, has on 10.11.1994 opined that a larger bench be constituted and this is how under the orders of the Hon'ble the Chief Justice, this bench is seized with the matter.

(2.) The question formulated in the interim order passed by the Division Bench may have been more relevant on that date but the subsequent decisions of the Hon'ble the Supreme Court on the issues arising do not leave much scope for the petitioner to argue because Hon'ble Supreme Court's decision which has come in the meantime in Ashok Kumar Gupta and another versus State of U.P. and others 1997 (5) Supreme Court Cases page 201, practically concludes the matter so far as this Court is concerned.

(3.) The petitioner has prayed for quashing of the government order dated 10.10.1994, restraining the respondents from enforcing the U.P. Government Servants (Criterion for Recruitment by promotion) Rules, 1994 vide notification dated 10.10.1994 and to command the respondents to make promotions on the basis of Rule 8 of U.P. Service of Engineers (Public Works Department) (Higher) Rules, 1990 by preparing one list of eligible candidate under Rule 4(1) of the U.P. Promotion by Selection (On posts outside purview of the Public Service Commission) Eligibility List Rules, 1986.