Judgment

DR. AR. LAKSHMANAN, J. - Leave granted.

2. This civil appeal is preferred against the final order and judgment of the High Court of Uttaranchal at Nainital, which held that, it was appropriate to consider the grant of discretionary relief to the respondent in his h promotion and consequential benefits.

The brief facts of the present matter are enumerated below:

On 25 - 10 - 1977, the respondent, Mr Dinesh Kumar Sharma was a appointed in Subordinate Agriculture Service Group I on the post of Senior Chemical Assistant, Research (Chemistry Branch) through the Public Service Commission, U.P., Allahabad. Fifteen years service in Subordinate Agriculture Service Group I is the eligibility criteria for being considered for next higher promotion. In the year 1992 - 93, respondent became eligible for the said promotion.

4. On 31 - 3 - 1995, the Governor of Uttar Pradesh promulgated the U.P. Agriculture Group II Service Rules, 1995 providing for the selection, appointment, probation, seniority, promotion, etc. Rule 21 states that the date of substantive appointment will be the basis of promotion. On 1 - 5 - 1996 and 1 - 6 - 1996, two Class II posts in the Hill Sub - Cadre became vaca