Sheo Kumar Singh-I, J. - (1.) Heard Mr. Anand Mani Tripathi, learned counsel for the petitioner and learned Standing Counsel as well as Mr. Rajnish Kumar, learned counsel for the respondent no. 3.
(2.) By means of present writ petition filed under Article 226 of the Constitution of India, the petitioner has assailed the order dated 13.01.2014 passed by the Principal Secretary, Rural Engineering Department, Lucknow. The facts and circumstances giving rise to the instant writ petition are as follows:- The petitioner was initially appointed on the post of Junior Engineer on ad hoc basis w.e.f 02.03.1974. The petitioner had the qualification of B.E and was in expectation to be appointed or promoted to the post of Assistant Engineer, and prayed that by means of issuing order of mandamus, the respondent be directed to promote the petitioner w.e.f 14.05.1979 with all consequential benefits. At the time of filing the petition, he had retired from service. The service rules came into operation in the year 1993, which provides the method of appointment to the post of Assistant Engineer by direct recruitment or by promotion.
(3.) The Rule 5 which came into operation in 1993 provide following source of recruitment to the post of Assistant Engineer:- (i) 63?% to be filled by the Public Service Commission, (ii) 33.3 % to be filled by promotion from the Officer as appointment on the substantive posts, which further provides 25% and 8.3 % separate source of recruitment or promotion.;