- (1.) Heard learned counsel for the petitioners, Sri Ashok Shukla, learned counsel for the U.P. Public Service Commission and the learned Standing Counsel.
(2.) The submission of the learned counsel for the petitioners is that some employees had approached to this Court for being promoted as contemplated under rules by means of filing writ petition no. 967 (S/B) of 2015 which was disposed of by means of the order dated 01.04.2016 a direction was given to the State Government to proceed to fill up the vacancies of Assistant Engineers (Civil) in Public Works Department on the basis of said eligibility list in accordance with law expeditiously. The aforesaid order was put to challenge before the Apex Court in Special Leave to Appeal No. 7861/2016 and an interim order was passed by the Apex Court staying the operation of judgment. Later on the matter was heard by Apex Court and the Apex Court passed an order on 03.10.2017 in Civil Appeal No. 3686/2007 directing to fill up the vacancies other than 105 in accordance with the Rules applicable after 01.07.2004 and the filling of vacancies will be subject to further orders.
(3.) After the aforesaid order, the select list pertaining to the petitioners category was prepared on 19.12.2017 and the said eligibility list was forwarded to the Commission by means of letter dated 11.01.2018 by the Government. The Commission, thereafter, put certain queries in regard to the requisition and demanded certain documents. The State Government gave a reply on 01.02.2018 clarifying the position and stating therein that the seniority list was prepared in accordance with law and there was no dispute in it. In the meantime, the Commission wrote another letter dated 31.01.2018 by which Commission sought certain clarifications. It has been submitted that the Engineer-in-Chief has clarified all the points indicated in the letter dated 31.01.2018 and forwarded the letter to the State Government on 13.02.2018. But the DPC has not been held while the petitioners are going to retire shortly and if they are not considered, they will suffer irreparably and retire from the post of Junior Engineer itself after serving about 30 years without any promotion while they are entitled for promotion on the post of Assistant Engineer from the back date.;