- (1.) Leave granted.
(2.) This appeal by special leave arises from the judgment dated 4/8/1983 of the Allahabad High court, Lucknow bench, in Writ Petition No. 3088 of 1993. The writ petition also arises from the same facts but is filed by different set of officers challenging the promotion of Respondents 2 to 10 (in the writ petition) the 2nd respondent (in the Civil) to the posts of Superintending Engineers (Civil) , Chief Engineer, Level-11 (Civil) , Chief Engineer, Level-1 and Engineer-in-Chief in Public Works Department of the government of Uttar Pradesh. The petitioners seek a writ of mandamus to restrain the first respondent from giving effect to the promotions given to Respondents 2 to 10. They also seek a writ of certiorari to quash the orders dated 12/3/1981 appointing the second respondent as Superintending Engineer on ad hoc basis and on regular basis w. e. f. 10/4/1991 as temporary Chief Engineer by order dated 7/11/1994 and orders promoting Harbans Lal and others as Superintending Engineers.
(3.) The governor exercising the power under proviso to Article 309 of the Constitution made the Uttar Pradesh Service of Engineers (Public Works Department) (Higher) Rules, 1990 effective from 15/10/1990 (for short "the Rules"). They came into force at once by operation of Rule 1 (2. The services comprised thereunder are grouped as Group 'a' posts, consisting of various posts. Under sub-rule (1 of Rule 4 which speaks of "cadre of the Service", the strength of the service and of each category of the posts shall be such as may be determined by the government from time to time. Subrule (2 gives power to determine the strength of service and of each category of posts until they are ordered to be varied. The posts of Executiveengineer (Civil) , Executive Engineer (Electrical and Mechanical) , Superintending Engineer (Civil) , Superintending Engineer (Electrical and Mechanical) , Chief Engineer Level-11 (Civil) , Chief Engineer Level-11 (Electrical and Mechanical) , Chief Engineer Level-1 (Civil) , and Engineer-in-Chief have been specified under two categories, viz. , the permanent and temporary cadre and strength in the respective cadres has been enumerated. In Part III, Rule 5 provides method of recruitment by way of promotion from the substantive posts of Assistant Engineers to the post of Executive Engineers and recruitment by promotion from amongst substantive posts of Executive Engineers to the posts of Superintending Engineers; from the Executive to Superintending Engineer Level-11 and from Chief Engineer Level-11 to Chief Engineer Level-1 and from Chief Engineer Level-1 to Engineer-in-Chief respectively. Rule 6 prescribes reservation for the candidates belonging to Scheduled Castes (for short "dalits") and Scheduled Tribes (for short "tribes") and other categories in accordance with the orders of the government in force at the time of recruitment. The qualifying service in the lower cadre for promotion to the higher cadre is also prescribed. The procedure for the determination of vacancies to be reserved under Rule 6 for Dalits, Tribes and other categories has been provided in Rule 7.;