JUDGMENT

Suresh Kumar Kait, J.

1. The present petition has been preferred by the petitioner seeking issuance of direction to the respondents to promote the petitioner to the post of Executive Engineer (Civil) w.e.f. October, 2009 with all consequential benefits in view of judgment passed by this Court in the case of Prabhu Dayal Khandelwal Vs. Chairman, U.P.S.C. & Ors., (2015) 14 SCC 427.

2. The facts of the present case are that the petitioner was selected in Engineering Service Exam, 1999 conducted by UPSC and joined on the post of Assistant Executive Engineer (Civil) on 10.09.2001 in Border Road Engineering Service.

3. According to petitioner, in September, 2009, Departmental Promotion Committee (DPC) was constituted to consider promotion of Assistant Executive Engineer (Civil) to the post of Executive Engineer (Civil) and he being eligible, was in the zone of consideration. However, when the list dated 01.10.2009 of successful candidates was published his name was missing. According to petitioner, at that point of time, he had already completed more than five successful years of service in the post of Assistant Executive Engineer (Civil) and he was at seniority position No.2