- (1.) Petitioners, who are six in number, seek quashing of the order of the State Government dated 9th July, 2015 (Annexure 15 to the present writ petition).
(2.) From the order of the State Government dated 9th July, 2015, we find that said order has been issued for strict compliance of the judgment and order of the Apex Court in the case of U.P. Power Corporation Ltd. Vs. Rajesh Kumar and others in Civil Appeal No.2608 of 2011, as well as order passed in connected Civil Appeal No.2679 of 2011 (U.P. State and others Vs. Prem Kumar Singh and others), decided on 27.4.2012. We have been informed that in view of the contempt proceedings initiated before the Court, the State Government has now decided to implement the judgment after nearly three years.
(3.) Counsel for the petitioners, however, submitted that petitioners, who were originally appointed as Junior Engineer in the Irrigation Department of the State of Uttar Pradesh, were promoted on ad hoc basis as Assistant Engineers on 15.7.1993, and their services as Assistant Engineer were regularized w.e.f. 10.4.2001. They were subsequently promoted as Executive Engineer on 14th June, 2014 without resorting to the provisions of Section 3(7) of the U.P. Act No.4 of 1994, and it is, therefore, submitted that entire order passed by the State Government, whereunder they have been directed to be reverted from the post of Executive Engineer to the post of Junior Engineer, is unsustainable in the eyes of law. It is also contended that the order has been made without notice and opportunity of hearing to the petitioners, and that persons belonging to unreserved category have already been promoted, who were juniors to the petitioners, and petitioners belonging to reserved category have not been promoted and are not being permitted to work.;