1. - The common issue in both the writ petitions is whether un-recorded warning is a punishment or not and if not, still the same can be considered as adverse material so as to debar a person from promotion to the post of Executive Engineer/Assistant Engineer, therefore, both the writ petitions have been heard together and are being decided together.

2. In Writ Petition No. 2329/2003, the petitioner-Hari Singh Mahla is seeking a direction to the respondent No. 1 to treat him promoted as Executive Engineer w.e.f. 19.8.1992 while his juniors were so promoted with consequential benefits and a further direction to assign him proper seniority treating his date of promotion as Executive Engineer w.e.f. 19.8.1992. The petitioner has also prayed that the respondents be directed to make payment of entire salary and other allowances of suspension period of 45 days.

3. By another Writ Petition No. 2368/2003, petitioner-L.K. Vijayvargiya has prayed that the respondents be directed to consider his case for promotion to the post of Assistant Engineer w.e.f. 14.12.1992 instead of 31.12.1993.Facts of the case of Hari Singh Mahla (SBCWP No. 2329/2003)

4. At the relevant time, the petitioner w