- (1.) THE writ -petitioners in the leading Writ Petition No. 65487 of 2009 are serving as Junior Engineers in the Irrigation Department of the State of U.P. All of them are qualified with Diploma in Engineering. By these writ petitions they have challenged the letter dated 27.11.2009 written by the Secretary, U.P. Public Service Commission, Allahabad to the Principal Secretary, Irrigation Department, Government of U.P., Lucknow for convening a meeting of the Departmental Promotion Committee on 30.11.2009 in the camp office of the Public Service Commission, U.P. at Lucknow on 30.11.2009 with a request to nominate 2 members, and to intimate to the Commission, for promotions to 159 posts allocated to Degree Holder Junior Engineers (C) to Asstt. Engineers (C). THEy have also prayed for restraining the respondents from undertaking further proceedings in pursuance to the letter dated 27.11.2009.
(2.) THE Writ Petition No. 29060 of 2008 has been filed by Najrul Islam Siddiqui and Writ Petition No. 28175 of 2008 by Ramayan Pandey and another, the degree holder Junior Engineers challenging Notification dated 16.11.2007, notifying the U.P. Service of Engineers (Irrigation Department) (Group 'B') Service Rules, 2007. THE Writ Petition No. 29747 of 2008 has been filed by Sanjay Sharma and others; Writ Petition No. 37321 of 2008 by Ziledar Singh; Writ Petition No. 49202 of 2008 by Dinesh Kumar Singh. All these and other writ petitions raise common issues, of promotions to the post of Assistant Engineers in the Irrigation Department of the State of U.P. On 2.12.2009 the respondents were allowed two weeks' time to file counter - affidavit and the writ petition was directed to be listed in January, 2010. An interim order was made staying the promotions. Shri Zile Singh and others filed an application in the Supreme Court for permission to file SLP and challenged the order dated 2.12.2009 in SLP (C) No._of 2010 (CC No. 6478 of 2010). The Supreme Court by order dated 11.5.2010 allowed permission to Shri Zile Singh and others to file special leave petition; condoned the delay and dismissed the appeal with following orders: "Permission to file special leave petition is granted. Delay condoned. We have heard learned counsel for the parties. We are not inclined to interfere with the interim order. Special leave petition is, accordingly, dismissed. However, in the peculiar facts and circumstances of the case, we request the High Court to dispose of the Writ Petition -A No. 65487 of 2009 as expeditiously as possible preferably within six months from today." The pleadings have been exchanged.
(3.) WE have heard Shri Ashok Khare, Sr. Advocate assisted by Shri Siddharth Khare for the petitioners in Writ Petition No. 72726 of 2005, Shri M.C. Chaturvedi, Chief Standing Counsel for the State of U.P., Shri P.S. Baghel for the Public Service Commission. Shri M.D. Singh Sekhar assisted by Shri S.K. Misra appears for the private respondents, degree holder Junior Engineers impleaded in the writ petition and other counsels. Brief facts giving rise to the writ petition are stated as below :;