- (1.) Heard Mr. V.K. Singh, learned Senior Advocate assisted by Mr. Santosh Kumar Yadav ''Warsi', learned Counsel for the petitioner and Mr. Pankaj Nath, learned Additional Chief Standing Counsel for the State.
(2.) The petitioner, who is said to be working as Executive Engineer in the Department of Minor Irrigation, Government of U.P., has approached this Court under Article 226 of the Constitution of India, with the following reliefs : i. Issue a writ, order or direction in the nature of the certiorari quashing the impugned orders/ instructions/directions dated 01.02.2018 and 02.02.2018 issued by the opposite party No.1, after a summoning from its custodian. ii. Issue a writ, order or direction in the nature of the certiorari quashing the consequential impugned order/instruction/direction vide letter dated 07.02.2018 issued by the opposite party no.2 pursuant to the direction issued by the opposite party no.1 vide letters dated 01.02.2018 & 02.02.2018. iii. Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the respondents/opposite parties not to take any coercive/punitive measure against the petitioner till the conclusion of the process started for consideration of promotion of the petitioner on the post of Superintendent Engineer Minor Irrigation Department in compliance of judgment and order dated 21.09.2017 passed by this Hon'ble Court in the writ petition No. 22956 (S/B) of 2017 filed by the petitioner. iv. Issue any other writ order or direction in favour of the petitioner which this Hon'ble High Court may deem fit just and proper under the circumstances of this case in favour of the petitioner. v. Allow the instant writ petition with appropriate costs in the interests of justice.
(3.) Shorn off unnecessary details the facts of the case are as under : According to the petitioner, he is posted as Executive Engineer in the department of Minor Irrigation Government of U.P. since 23.07.2012. In the department of Minor Irrigation, State Government had sanctioned 12 posts of Superintending Engineers and further due to retirement of five Superintending Engineers, namely, Shri Shiv Sharan Singh, Sri Rajendra, Sri Y.N. Dubey, Sri Firtu Ram and Sri Rajeev Kumar Mehtani, for the Selection Year 2016-2017 (01.07.2016 to 30.06.2017), five vacancies of Superintending Engineer have fallen vacant. These posts are to be filled up by way of promotions amongst the suitable and eligible Executive Engineers by the Departmental Promotion Committee.;