Hon’ble Anil Kumar, J.—Heard Sri R.B.Tiwari, learned counsel for petitioner, Sri Manjit Shukla, learned Standing Counsel and perused the record.

2. By means of the present writ petition, the petitioner has prayed for direction to promote the petitioner from Class-IV category to Class-III category in the Public Works Department, State of U.P.

3. Shri R.B.Tiwari, learned counsel for petitioner in order to press the abovesaid relief submits that the petitioner was initially appointed on the post of Waterman in the Public Works Department (hereinafter referred to as P.W.D.), thereafter seniority list in respect of persons working in the P.W.D. Department was issued by the Executive Engineer, Construction Division-2, P.W.D. Pratapgarh in which the name of the petitioner finds place at serial No. 2.

4. He further submits that on 28.4.2000 (Annexure No. 2) Chief Engineer, Allahabad Range, P.W.D., Allahabad issued a letter/order by which 3 posts were sanctioned to be filled up by way of promotion amongst the persons working as Class-IV employee and accordingly a direction has been issued to the Executive Engineer, Construction Division-2, P.W.D., Pratapgarh to fill up the said post.

5. In response to the same, the Superintending Engineer, Pratapgarh/Fatehpur Circle, Public Works Department, Pratapgarh issued a circular/letter inviting application for promotion from the post of Class-IV category to Class-III category.

6. Learned counsel for petitioner further submits that the petitioner, who is eligible in the said exercise for promotion to Class-IV category, submitted an application, thereafter a letter has been issued by the Assistant Engineer, Provincial Division, P.W.D. Pratapgarh dated 1.10.2004 (Annexure 3) thereby calling the petitioner and other eligible candidates to appear in the promotional exercise scheduled to take place on 8.10.2004, the petitioner and other candidates were directed to appear in the written examination for the purpose of promotion to the Class-III post but his case has not been considered

7. In view of the abovesaid facts, the petitioner submitted a representation to the Superintending Engineer, Pratapgarh/Fatehpur Circle, Public Works Department, Pratapgarh/ opposite party No. 3 inter alia stating therein that the action on the part of the department to hold the examination for the purpose of promotion to the post of Class-III employee is illegal and arbitrary in nature as the promotion is to be done under 15% quota by way of seniority.

8. Shri R.B.Tiwari, learned counsel for petitioner further submits that the case of the petitioner has also been recommended to the Executive Engineer, Construction Division-2, P.W.D. Pratapgarh for promotion on the ground that he is fully eligible in pursuance to the requisite qualification and belongs to reserve category and nothing has been done in the matter in question and the case of the petitioner has not been considered for promotion inspite of repeated request and reminder made in this regard. Inspite of the fact that he is the senior most employee working as Class-IV employee in the Provincial Division in question, his case ought be considered for promotion to the next higher post of Class-III category under promotional quota but one Shri Raja Ram Pal who is junior to the petitioner in Class-IV category in Construction Division-II, P.W.D., Pratapgarh has been promoted to Class-IV category whereas he has been denied the promotion, hence the said action on the part of the official respondent is arbitrary in nature and thus violative of Article 14 of the Constitution of India. Hence the present writ petition has been filed.

9. Shri Manjit Shukla, learned Standing Counsel submits that the for promotion from Class-IV category to Class-III category in P.W.D. an employee/candidate who is working in Class-IV category has to appear in an examination which is to be conducted by the authority of the P.W.D. as per the procedure provided for promotion from Class-IV p