Anil Kumar, J. - (1.) HEARD learned counsel for petitioner, Sri G.K. Dwivedi, Sri V.S. Tripathi, learned Additional Chief Standing Counsel and perused the record.
(2.) FACTS of the present case are that petitioner who is working on the post of Tubewell Operator in regular establishment in the Irrigation Department, has filed present writ petition before this Court praying therein that as he possess Diploma in Electrical Engineering prior to entering in service, so keeping in view the Rules known as Irrigation Department Sub -Ordinate Electrical and Mechanical Engineering Service Rules, 1970 and the Government Order dated 03.01.1985, the petitioner's case may be considered for promoting against 5% vacancies which is to be filled up by way of promotion for the post of Junior Engineer in the department. Learned counsel for petitioner submits that the controversy involved in the present case was also involved in Writ Petition No. 5273 (SS) of 2007 (Habib Khan Vs. State of U.P. and another), allowed by order dated 24.07.2008. On reproduction, the same reads as under: 1. Heard the learned counsel for the petitioner and the learned standing counsel. 2. The petitioner has filed the present writ petition under Article of the Constitution of India against the impugned order dated 19.7.2007 contained in Annexure No. 1 to the writ petition by which the respondents have declined to promote the petitioner on the post of Junior Engineer. 3. According to impugned order, 5% seat shall be kept in reserve for the employees working on the post of Pharmacists, Clerks, Lab. Technicians and other posts of equivalent status for promotion to the cadre of Junior Engineer subject to rider that they obtain a diploma certificate during the court of their service.
(3.) THE petitioner was appointed as Surveyor in the Irrigation Department. At the time of entry into services, the petitioner was already having the certificate of diploma in Engineering. Accordingly, the submission is that by the impugned Government order, all those persons shall be entitled to get promotion in the cadre of Junior Engineer who have obtained the certificate of Engineering during the course of service. But the petitioner who was already possessing the diploma at the time of entering into service has been held to be not entitled for promotion. Submission is that the petitioner obtained diploma before entering into service while he was serving in Irrigation Department. The petitioner possessed the certificate diploma in Engineering. and He is entitled for promotion to the post of Junior Engineer. The rider imposed by the opposite parties that the certificate should be obtained during the course of employment, seems to be arbitrary, unjust and improper.;