JUDGMENT :

1. The petitioner has fled this petition with a prayer that promotion order dated 08.09.2009 (Annexure P/1) of respondents No. 2 to 4 be quashed being illegal.

2. The brief facts reflected from records are that the petitioner who was working as an Executive Engineer in Public Health Engineering Department was placed at serial No. 6 in the gradation list of executive engineer published on 01-04-2008. The respondent State has conducted the Departmental Promotion Committee on 14.07.2009 for promotion from the post of Executive Engineer to Superintending Engineer in the Public Health Engineering Department. As per the Minutes of Meeting, the promotion has to be done on the basis of merit-cum-seniority. The qualifying service prescribed in the Public Health Engineering (Gazetted) Recruitment Rules, 1980 for promotion from the post of executive engineer to 2 superintending engineering is 5 years of service on the post of executive engineer. Since the post of superintending engineer is super class-I and as per C.G. Lok Seva (Padonnati) Niyam 2003 (for short, “Rules 2003”), t