- (1.) HEARD Sri Sudhir Pandey, learned counsel for the petitioner and Sri Sanjay Sareen, learned Standing Counsel representing the State respondent.
(2.) BY means of this petition under Article 226 of the Constitution of India the petitioner has prayed for quashing of the order dated 18.11.1999 issued by the State Government, whereby an order dated 21.7.1995, by which petitioner had been promoted from the post of Executive Engineer to the post of Superintendent Engineer in the Rural Engineering Services, was cancelled and he was placed on the post of Executive Engineer.
(3.) THE petitioner belongs to the 'Mahar' caste. This caste is duly notified Schedule caste in the State of M.P. under notification issued under Article 341 of the Constitution of India and is included in the list of the Schedule caste of Maharashtra State also. In the notification issued in the State of U.P. under Article 341 of the Constitution 'Mahar' caste is not a notified Schedule caste. Petitioner was granted promotion by order dated 21.7.1995 (Annexure no.6 to the petition), which clearly mentions that the promotion to the post of Superintending Engineer was against reserved post for Schedule caste and the petitioner was extended that benefit in giving the promotion. Later on, the department realized its mistake of promotioning the petitioner a Schedule caste in the State of U.P. is defective and accordingly, cancelled the promotion order dated 21.7.1995 vide impugned order dated 18.11.1999.;