JUDGMENT

C.K. Thakker, J.—Delay condoned.

2. Leave granted.

3. This appeal is filed against an order dated April 22, 2004 passed by the High Court of Judicature at Allahabad, Lucknow Bench in Writ Petition No. 8268 of 1993.

4. The facts in nutshell may now be stated.

Pursuant to common selection held by the Uttar Pradesh Public Service Commission ("U.P.P.S.C." for short) in 1970, several persons were selected for appointment to the post of Assistant Engineer in various departments. The respondent herein opted for Irrigation Department whereas some selectees preferred to go to other departments including Public Works Department (PWD). The respondent joined the Irrigation Department on September 30, 1970. He initially worked at Lucknow and thereafter at Jaunpur. He continuously remained in Irrigation Department upto 1977. On November 4, 1977, with the approval of U.P.P.S.C., he was relieved from the Irrigation Department and joined Public Works Department without any break in service. It was the case of the respondent that since he was appointed in 1970 as Assistant Engineer and was not promoted as Executive Engineer, as per the policy of the Government, he was entitled to selection gra