SATYENDRA SINGH CHAUHAN, J. - (1.) SINCE common question of facts and law are involved in these two petitions, therefore, they are being heard and decided by a common judgment and order.
(2.) WRIT Petition No.652 (SB) of 2012 has been filed with the prayer that the case of the petitioners may be considered for promotion to the posts of Chief Engineer Level -I and Chief Engineer Level -II ignoring the amended provision of the Rule, contained in Annexure No.1 to the writ petition. A further mandamus has been prayed to command the opposite parties to re -fix the seniority after inviting objection and thereafter make promotion to the next higher post. A writ in the nature of certiorari has also been prayed for quashing the Office Memorandums dated 9.5.2012 and 15.5.2012 with a further prayer to declare Rule 6 of the U.P. State Electricity Board Servant Seniority Rules, 1998 ( for short 'the Rules') to be ultra vires and unconstitutional.
(3.) WRIT Petition No.1048 (SB) of 2012 has been filed with the prayer to quash the promotion order dated 22.5.2012, contained in Annexure No.1 to the writ petition and also to command the opposite parties to fill up the old vacancies according to un -amended Rules and further to direct the opposite parties to consider the case of the petitioners for promotion by preparing a separate eligibility list in respect of each year vacancy. The facts giving rise to the present petitions, are that the opposite parties proceeded to issue office memorandums dated 9.5.2012 and 15.5.2012, by means of which they amended the Rules for promotion to the post of Superintending Engineer, Chief Engineer Level -I and Chief Engineer Level -II on the basis of merit. All the petitioners were initially appointed on the post of Assistant Engineer on 12.8.1985 and on the basis of excellent service record, all were again promoted on the post of Executive Engineer in the year 1994. Petitioner No.1 was further promoted on the post of Superintending Engineer and joined on 1.11.2000. Petitioner No.2 was further promoted on the post of Superintending Engineer and joined on the said post on 19.1.2001. Petitioner no.3 was further promoted on the post of Superintending Engineer and joined on the post of Superintending Engineer on 10.12.2003 and since there joining, they are discharging their duties continuously on the post of Superintending Engineer.;