52 ) ALR 647 , 2022 (1 )BLJ(SC )136 , [2022 (173 )FLR564 ], 2021 INSC 769 , (2022 )1 SCC347 , (2022 )1 SCC(LS)188 , 2022 (1 ) SCJ 235 , [2021 ]7 SCR359 , 2022 (1 )SCT2 (SC ), 2022 (1 )SLJ40 (SC ), 2022 (1 )SLR980 (SC ), ,MANU/SC/1114/2021M.R. Shah#B.V. Nagarathna#210SC3020Judgment/OrderADJ#ALR#BLJ#FLR#INSC#MANU#SCC#SCC(LS)#SCJ#SCR#SCT#SLJ#SLRM.R. Shah,SUPREME COURT OF INDIAAdministrative#Appointing Authority#Competent Authority#Employee#Length of Service#Probation#Promotion#Quashing#Writ of Mandamus2021-11-23 -->


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Civil Appeal No. 6868 of 2021

Decided On: 22.11.2021

Appellants: State of U.P. and Ors. Vs. Respondent: Vikash Kumar Singh and Ors.

Hon'ble Judges/Coram:
M.R. Shah and B.V. Nagarathna


M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.07.2020 passed by the Division Bench of the High Court of Judicature at Allahabad (Lucknow Bench) by which the Division Bench of the High Court has dismissed the Special Appeal (Defective Complaint No. 187 of 2020) filed by the Appellants herein-State of U.P. and others confirming the judgment and order passed by the learned Single Judge quashing and setting aside the eligibility lists dated 18.03.2019 and 10.05.2019 of the Superintending Engineers (Civil) for promotion to the post of Chief Engineer (Civil) Level-II from the department and further issuing a writ of mandamus, commanding the Appellants-competent authority to prepare the eligibility list of the Superintending Engineer (Civil) including the names of the Respondents-original writ Petitioners for promotion to the post of Chief Engineer (Civil) Level-II by granting them relaxation in minimum length of service in accordance with the U.P. Government Servants Relaxation in Qualifying Service for Promotion Rules, 2006, the State of U.P. and others have preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:

2.1 The Respondents-original writ Petitioners (hereinafter referred to as the "original writ Petitioners") are discharging their duties as Superintending Engineers in different places. They claim promotion to the post of Chief Engineer (Civil) Level-II. The recruitment to the post of Chief Engineer (Civil) Level-II is governed by the U.P. Service of Engineers (Irrigation Department) (Group A) Service Rules, 1990 (hereinafter referred to as "Rules, 1990"). As per Rule 5(iii) of the said Rules, promotion to the post of Chief Engineer shall be from amongst the substantively appointed Superintending Engineers in the Civil or Mechanical Branch, as the case may be, who have completed twenty five (25) years of service (including at-least three years' service as Superintending Engineer) on the first day of the year of recruitment. As per the Office Circular dated 22.03.1984 issued by the State Government laying out the guidelines for selection/promotion to the posts within the purview of the Public Service Commission, the criteria for promotion shall be merit. The State Government have also framed the U.P. Government