A.R.Lakshmanan, J. - (1.) LEAVE granted.
(2.) THIS civil appeal is preferred against the final order and judgment of the High Court of Uttaranchal at Nainital, which held that, it was appropriate to consider the grant of discretionary relief to the Respondent in his promotion and consequential benefits. The brief facts of the present matter are enumerated below. On 25.10.1977, the respondent, Mr. Dinesh Kumar Sharma was appointed as Subordinate Agriculture Services Group-I on the post of Senior Chemical Assistant, Research (Chemistry) Branch through the Public Service Commission, U.P. Allahabad. Fifteen years service in Subordinate Agriculture Service Group-I is the eligibility criteria for being considered for next higher promotion. In the year 1992-93, respondent became eligible for the said promotion.
(3.) ON 31.03.1995, the Governor of Uttar Pradesh promulgated U.P. Agricultural Group II Service Rules 1995 providing for the selection, appointments, probation, seniority, promotion etc. Rule 21 states that the date of substantive appointment will be the basis of promotion. ON 01.04.1996 and 01.05.1996, two class-II posts in the Hill sub cadre became vacant due to retirement of two officers. These appointments were to be made by Direct Recruitment as well as Promotion. Rule 17 states that, if in any year of recruitment appointments are made both by direct recruitment and promotion a combined select list be prepared by taking the names from the relevant list and "the first name in the list will be of the person appointed by promotion". On 19.11.1999, the Secretary to government of Uttar Pradesh of the Agriculture Department issued an order conveying that the respondent has been selected for subordinate Agriculture Service Class-I (Chemistry) in the substantive vacancy for the year 1997-98 in the scale of Rs.8000-275-13500, after consultation with the State Public Service Commission.;