D.S. Sinha and S.N. Srivastava, JJ. - (1.) Heard Sri A. K. Gupta, learned counsel appearing for the petitioner and Sri V. N. Agarwal, learned standing counsel for the State of U. P., representing the respondents.
(2.) The petitioners, an erstwhile Junior Engineer (Civil) in the Irrigation Department of the State of U. P., urges this Court to Issue mandamus to the respondents directing them to promote him as Assistant Engineer and also to pay his salary and other benefits admissible to Assistant Engineer.
(3.) Indisputably, the promotion to the post of Assistant Engineer is regulated by sub-rule (iv) of Rule 5 of the U. P. Service of Engineers Class II, Irrigation Branch Rules, 1936 (as amended by the Uttar Pradesh Service of Engineers Class II, Irrigation Branch (Amendment) Rules, 1988), (hereinafter called the Rules). Sub-rule (iv) of Rule 5 of the Rules Is as under : "5. Sources of Recruitment. --Recruitment to the service shall be made by the Government : (iv) by promotion, on the basis of merit, through the Uttar Pradesh Public Service Commission from amongst such permanent Junior Engineers and permanent Computers of the Irrigation Department as ; (a) possess bachelors degree in Engineering or an equivalent degree in Engineering from a recognized institution or are associate members of the institute of Engineers ; or (b) are diploma holders and have put in at least 7 years service as Junior Engineers or Computers in the Irrigation Department.";