ORDER

1. We have heard learned counsel Mrs Dikshit in support of the special leave petition.

2. The facts are in a very short compass. Respondent 1 viz. Kharak Singh was appointed on May 15, 1966 as Junior Engineer (ordinary grade) and thereafter, he was confirmed in the same post. On April 4,1977, the Chief Engineer promoted 69 Junior Engineers, of them 27 persons were junior to him w.e.f. April 1, 1976 in the selection grade. But the petitioner was not promoted due to adverse entries recorded in his service book. On September 7, 1977, 88 Junior Engineers were further promoted by the Chief Engineer in selection grade, by passing respondent 1 by deferring his case. On February 14, 1978, 37 engineers including 8 engineers junior to respondent 1 were promoted to the post of Assistant Engineers but respondent 1 was not considered. Five engineers belonging to Scheduled Caste and junior to respondent were also promoted to the post of Assistant Engineer. Respondent 1 who belongs to the Scheduled Caste was not promoted in spite of the fact that he was senior and suitable. The said respondent 1, therefore, made an application before the U.P. Public Service Tribunal, assailing the refusal to