- (1.) Heard learned counsel for parties and perused the record.
(2.) On 19.2.2010 we had passed the following order : "Supplementary and Rejoinder Affidavits, filed in Court, are taken on record. Heard I earned counsel for parties and perused the record. Sri I. B. Singh, learned senior counsel for petitioners submitted that admittedly the petitioners are working as Executive Engineer, a feeder cadre, for promotion to the post of Superintending Engineer in the category of General Class candidates. According to learned counsel there are sufficient number of existing vacancies in the said category and, thus, the petitioners can be promoted to the higher post, irrespective of the controversy over drawing of seniority list after judgment in a pending writ petition being heard in regard to the validity of Section 8-A of the U.P. Government Servants Seniority (Third Amendment)Rules, 2007, Learned SeniorCounsel referred to the order passed in a Writ Petition by a coordinate Division Bench of this Court on 21.12010 giving similar indication that if the petitioners are promoted, it would not affect the future prospect of promotion and seniority of the reserved class candidates.. Learned counsel for the State also does not dispute this fact, however, he prays for time to seek instructions. It is so because the writ petition involving the validity of Rule 8-A is in the midst of final hearing before a coordinate Bench. As a last opportunity, learned State Counsel is granted time till Monday i.e. 22nd February, 2010 to seek instructions in the matter, failing which, the Court may consider to issue mandamus for further promotion of the petitioners who have a legitimate expectation to get such promotion. List this writ petition on 23rd February, 2010."
(3.) Learned Senior counsel appearing for petitioners, submitted that the petitioners who have put in long years of service with unblemished career, are going to superannuate shortly. Thus, they have legitimate expectation to be considered for further promotion.;