Devendra Kumar Arora, J. - (1.) By means of present writ petition, the petitioners have prayed for a writ in the nature of mandamus commanding the opposite parties to consider the case of the petitioners for regular promotion to the vacant posts of Superintending Engineer (Mechanical) and further direct them to issue appropriate consequential orders with all consequential benefits within specified time as this Court deems fit and proper in the circumstances of the case.
(2.) Facts of the case, in brief, are that the petitioners are Executive Engineers working in Irrigation Department (Mechanical). The petitioners No. 1, 2, 4, 5 & 8 are also holding additional charge of the post of Superintending Engineer (Mechanical) without pecuniary benefits of the said post. Petitioners' services are governed with the Rules known as U. P. Services of Engineers (Irrigation Department) (Group -A) Rules, 1990 as amended from time to time (hereinafter referred to 'Rules, 1990'). Rule 5 (ii) of the said Rules, as amended in the year 1997, provides that the post of Superintending Engineer (Mechanical) shall be filled by promotion from amongst the substantively appointed Executive Engineers who have completed 15 years of service (including at least 6 years' service as Executive Engineer), as on the first day of the year of recruitment. Under Rule 5 (iii) it is provided that the post of Chief Engineer (Mechanical) Level -II shall be filled up by promotion from amongst the substantively appointed Superintending Engineers who have completed 25 years service (including at least one year service as Superintending Engineer) as on the first day of the year of recruitment.
(3.) As per Rule 7 of the Service Rules, the appointing authority is under an obligation to determine the number of vacancies to be filled up during the course of the year.;