NARAYAN SHUKLA,J. - (1.) Heard Shri Sanjay Kumar Srivastava, learned counsel for the petitioner as well as learned Standing Counsel.
(2.) This writ petition has been instituted on behalf of petitioner for quashing of the order dated 16.04.2015 passed by the respondent No.1 and claimed promotion on the post of Assistant Engineer (Civil) against 5% horizontal reservation being possessing degree of B.E. within 50% reservation quota on the post of Assistant Engineer (Civil) with effect from 18.01.1995.
(3.) It is pleaded that initially petitioner was appointed on the post of Junior Engineer in the pay scale of Rs. 485-860/- vide order dated 30.03.1987 issued by the respondent No.1 with the prior approval of the Excellency of Governor of Uttar Pradesh after due advertisement and selection under the provisions of U.P. Palika Centralized Services and Development Authorities/Centralized Services. The petitioner submitted his joining on 08.04.1987 in Agra Development Authority, Agra. It is further submitted that appointment of petitioner on the post of Junior Engineer was made against the substantive vacancy of Junior Engineer after due advertisement and selection. During the period of his service the petitioner completed his degree in B.Sc. Engineering from Aligarh Muslim University, Aligarh and the final result of the same was declared on 08.06.1987. The petitioner, after obtaining the above degree informed the respondents that since he has obtained B.E. Degree (Civil), therefore, he is submitting the mark sheet to the Government on 28.07.1987 through proper channel. The petitioner became eligible for consideration and promotion to the post of Assistant Engineer (Civil) in Centralized Services of Development Authority under Sub Rule (3) of Rule 24 of Service Rules, 1985. The eligibility year wise and the list of eligible candidates for consideration of promotion has to be prepared. The 'year' means a period of 12 months, i.e., from the first day of July of a calendar year and therefore the petitioner should have been included in eligibility list of the year 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994 and 1995.;