JUDGMENT

K. Ramaswamy, J. - Leave granted.

2. This appeal by special leave arises from the judgment dated 4th August, 1983 of the Allahabad High Court, Lucknow Bench, in Writ Petition No. 3088 of 1993. The writ petition also arises from the same facts but is filed by different set of officers challenging the promotion of respondents 2 to 10 (in the writ petition the 2nd respondent (in the civil appeal) to the posts of Superintending Engineers (Civil), Chief Engineer, Level-II (Civil), Chief Engineer, Level-I and Engineer-in-Chief in Public Works Department of the Government of Uttar Pradesh. The petitioners seek a writ of mandamus to restrain the first respondent from giving effect to the promotions given to Respondent Nos. 2 to 10. They also seek writ of certiorari to quash the orders dated March 12,1981 appointing the second respondent as Superintending Engineer on ad hoc basis and on regular basis w.e.f. April 10, 1991 as temporary Chief Engineer by order dated November 7, 1994 and orders promoting Harbans Lal and others as Superintending Engineers.

3. The Governor exercising the power under proviso to Article 309 of the Constitution made the Uttar Pradesh Service of Engineers (pub