By the Court.—Heard Sri Anil Kumar Srivastava, learned Advocate for the petitioner, Sri Pankaj Saxena, learned Standing Counsel for the respondents and Sri Vikas Budhwar, learned Advocate for caveator. The order which we propose to pass in the writ petition, we need not call for any response from the respondents as same can be decided as fresh without any counter affidavit.

2. While working as Executive Engineer in Rural Engineering Services at Sonebhadra Division, Sonebhadra the petitioner has filed above noted writ petition challenging the Seniority List of Executive Engineers of Rural Engineering Services published vide Office Memorandum No. 2950/62-3-2010-45-RES/2010 dated 8.9.2010 of State Government contained in Annexure-1 of the writ petition by seeking writ of certiorari. Further reliefs in the nature of mandamus to declare Rule 8A of the Uttar Pradesh Government Servants Seniority (Third Amendment Rules) 2007 as ultra vires and unconstitutional and directing the respondents not to proceed with and/or to promote any person on the next higher posts on the basis of the impugned Seniority List of Executive Engineers of Rural Engineering Services are also sought for.

3. The reliefs sought in the writ petition are grounded on the facts that the petitioner after facing the due selection process, was appointed on the post of Assistant Engineer in Rural Engineering Services department of Government of U.P. and is presently posted as Executive Engineer in Sonebhadra Division, Sonebhadra. Since several persons much junior to the petitioner were accorded promotion on the post of Executive Engineer with effect from 8.7.1986, the petitioner vide his representation dated 19.3.1993 made request to the respondents for giving promotion to him as an Executive Engineer from the date of his juniors e.g. 8.7.1986 were promoted in the light of the judgement of this Court delivered in Writ Petition No. 2023 of 1988. True copy of the order dated 9.7.1986 according promotion of several persons to the post of Executive Engineer as well as the petitioner’s representation are on record as Annexure-4 and 5 to the writ petition. It is stated that in the Seniority List dated 14.12.2001 published by the department, the name of the petitioner finds place at serial No. 51 while his juniors e.g. S/Sri Mahmood Ilahi and Chandra Bhushan who have been accorded promotion with effect from 8.7.1986 are placed at serial Nos. 52 and 55 respectively. True copy of the relevant portion of Seniority List dated 14.12.2001 is on record as Annexure-6 to the writ petition. It is further stated that when no heed was paid by the respondents upon the representation of the petitioner, he filed a writ petition before this Court, being as Civil Misc. Writ Petition No. 12012 of 2004 (Mukund Kumar Srivastava v. Principal Secretary, Rural Engineering Services, U.P., Lucknow and others) which was finally disposed off by this Court vide order dated 24.3.2004 with a direction to the respondents to consider the case of the petitioner for promotion on the post of Executive Engineer in view of the Judgement dated 4.2.2004 passed in Civil Misc. Writ Petition No. 53043 of 2002 (Kailash Shankar Tiwari v. The Secretary Minor Irrigation Department and Rural Engineering Services, U.P., Lucknow and others). The petitioner in compliance of the aforesaid order dated 4.2.2004 of this Court, made his representation dated 26.3.2004 for according promotion to him on the post of Executive Engineer with effect from 8.7.1986 i.e. from the date when juniors to him were accorded promotion. True copy of the petitioner’s representation dated 26.3.2004 and the order dated 4.2.2004 of this Court are on record as Annexure-7 to the writ petition. It is stated that respondents by completely ignoring the petitioner’s representation as well as the order of this Court, passed an order promoting the petitioner to the post of Executive Engineer with effect from 20.5.2005 and not from 8.7.1986 from which d