SATYA POOT MEHROTRA and KASHI NATH PANDEY, JJ.- Affidavits have been exchanged between the parties. The writ petition is being disposed of at this stage with the consent of the learned Counsel for the parties.

2. The present writ petition has been filed by the petitioner, inter alia, praying for quashing the order dated 29.12.2008 (Annexure-8 to the writ petition) passed by the respondent No.1, and further for directing the respondent No.1 to promote the petitioner on the post of Executive Engineer by considering the case of the petitioner by constituting special departmental promotion committee.

3. It appears from the averments made in the writ petition that the petitioner was appointed as Assistant Engineer by the appointment letter dated 15.9.1983 in the Public Works Department. Copy of the appointment letter has been filed as Annexure-l to the writ petition.

4. A perusal of the appointment letter shows that the petitioner was described as belonging to the other backward classes in the appointment letter.

5. It further appears that the petitioner, subsequently, made a claim that he belongs to 'Majhwar' caste, which came in the scheduled caste category, and, therefore, he be