S.C.Verma, J. - (1.) The main questions which arise for consideration in these petitions are that the additional posts of Assistant Engineers and Deputy Director (Construction) created by Uttar Pradesh Krishi Utpadan Mandi Parishad (hereinafter referred to as 'Parishad') after creating new Divisions and making appointments by promotion are valid and in accordance with law as also within the competence/jurisdiction of the Parishad.
(2.) The U. P. Rajya Krishi Utpadan Mandi Parishad is an authority created under the U. P. Krishi Utpadan Mandi Adhiniyam, 1964 as amended from time to time (hereinafter referred to as the Adhiniyam'), exercise of powers conferred upon it under Section 26X (2) (b) of the Adhiniyam, 1964, the Board had framed the Uttar Pradesh Agricultural Produce Markets Board (Officers and Staff Establishment) Regulations, 1984 (hereinafter referred to as the Regulations. 1984) laying down the conditions of service of the Officers and Staff of the Parishad. In the Engineering establishment of the Parishad, there is a cadre of technical staff-Engineers, which consists of Junior Engineer, Assistant Engineer. Deputy Director (Construction), Joint Director and Chief Engineer. Under the Regulations, the initial recruitment on the post of Junior Engineer is through direct recruitment, on the post of Assistant Engineer it is by promotion and through direct recruitment in the proportion of 50% each. The source of recruitment on the post higher than the Assistant Engineer except the post of Chief Engineer is by way of promotion.
(3.) Under Regulation 10 (2) (b) of the Regulations, source of recruitment on Class 'B' post is 50% by promotion and 50% by direct recruitment. Further, Regulation 10 (4) envisages that promotion shall be confined to the post within the same group and shall be subject to the conditions of eligibility for promotion to different posts as mentioned therein. The Junior Engineer is liable for promotion to the post of Assistant Engineer after completion of atleast 10 years of service as Junior Engineer and an Assistant Engineer is liable for promotion to the post of Deputy Director after atleast six years of service as Assistant Engineer.;