RAVINDRA NATH MISHRA,J. - (1.) Heard Sri Ashok Shukla, learned counsel for petitioner and Sri Ashwani Kumar, learned counsel for claimant-respondent.
(2.) This writ petition is directed against the judgment and order dated 05.08.2011 passed by State Public Service Tribunal, Lucknow (hereinafter referred to as " Tribunal") in Claim Petition No. 78 of 2011. Tribunal has directed petitioner to consider claimant-respondent for promotion to the post of Assistant Engineer w.e.f 05.09.2009 in 8.33% quota treating claimant-respondent as duly qualified in accordance with rules.
(3.) Learned counsel for petitioner contended that quota of 8.33% was already abolished and it was not available in 05.09.2009 and Tribunal has wrongly applied the same. From the record it is evident that the said amendment was made in 2010 and quota of 8.33% was existing and operating when DPC held its meeting on 05.09.2009. It is also not in dispute that as per the amendment made in statutory relevant rules, requisite qualification of Sub-Engineer who could have been considered for promotion as prescribed in Rule 16 (4 &5) of Uttar Pradesh Rajkiya Nirman Nigam Limited (Engineers Architects) Service Rules ,1980 as inserted by resolution dated 18.06.1987 was as under:- " (5) Provided further that vacancies in the post of Assistant Resident Engineers shall be filled up to the extent of 8-1/396 by promotion of Sub-Engineer who have acquired B.D/A.M.I.D Degrees and have put in at least 5 years of serve as Sub- Engineers in the Nigam and such promotion shall also be made through the regularly held Departmental Promotion Committee." ;