Hon’ble Rajnish Kumar, J.—The petitioners seven in number, have approached to this Court challenging the order dated 27.6.2017 and order of promotion passed by the State Government dated 3.7.2017 of respective juniors to the petitioners. The petitioners have further prayed for a direction to the opposite parties No. 1 to 3 to consider and on being found fit, to promote the petitioners 1 to 7, respective seniors to the opposite parties No. 5 to 19 against the 16 post of Executive Engineer (Mech.) kept reserved in order of date 27.6.2017 with effect from the date of promtion of respective juniors, i.e. 3.7.2017 with all consequential benefits.

2. Heard Sri Sanjai Bhasin and Sri Hemendra Pratap, learned counsel for the petitioners as well as Sri Asit Kumar Chaturvedi, Senior Advocate, assisted by Sri Dhirendra Kumar Misra, Sri Shobhit Mohan Shukla and Sri Jayveer Rajput, learned counsel for the opposite parties.

3. The facts as culled out from the pleadings for the disposal of present controversy are that the post of Assistant Engineer (Mech.) in the Irrigation Department of the State Government is governed by Services Rules, i.e. the Uttar Pradesh Service of Engineers (Irrigation Department) (Group “B”) Service Rule, 2007 framed under Article 309 of Constitution of India notified on 16.11.2007. As per the appendix in the said rules, there are 614 posts of Assistant Engineer (Mech.), out of which 350 are permanent and 264 are temporary. Out of the said posts 50.67% are reserved to be filled by direct recruitment, i.e. 311 posts through U.P. Public Service Commission.

4. U.P. Public Service Commission issued an advertisement in the year 2007 to fill up the vacancies of direct recruitment reserved to be filled from the degree holders of Mechanical Engineers. The petitioners and other candidates fulfilling the conditions prescribed, applied for the posts. After the written examination and interview, the selection was completed by the Public Service Commission and the list of successful candidates, in order of their proficiency, as disclosed by aggregate of marks obtained by each candidate in the written and interview was issued. In pursuance thereof the Public Service Commission sent its recommendations to the State Government. The Assistant Engineer (Mech.) selected by the U.P. Public Service Commission against the said quota, in order of proficiency and the same in respect of petitioners and opposite parties No. 4 to 19, were arranged in the following manner:

1. S/Sri Gaurav Singh

2. Sanjeev Kumar

3. Rishi Raj Khullar

4. Rajesh Upadhyay

5. Yash Kumar

6. AbdulKalam Azad

7. Shiv Kumar Gupta

8. Mohd. Saha Nawaz Siddiqui

9. Sharad Chandra

10. Sanjai Kumar

11. Jagannath Prasad

12. Raj Kumar Pandey

13. Ashutosh Kumar Singh

14. Shailendra Kumar Yadav

15. Harish Kumar Sharma

16. Jai Prakash Ojha

17. Amar Nath Mishra

18. Surjeet Kumar Singh

19. Salil Kumar

20. Arvind Kumar

21. Rakesh Kumar

22. Arun Babu Gupta

23. Amit Singh

5. The candidates approved for appointment were directed to appear before Medical Board and thereafter, the orders of appointment of 16 persons were issued on 30.6.2012 and posting orders on 4.7.2012 in which besides the 7 petitioners, total 16 persons were appointed on the post of Assistant Engineer (Mech.). The list so drawn was in order of proficiency as per Rule 15 of the Service Rules governing the posts. The petitioner No. 1 to 7 joined on the post between 5.7.2012 and 3.8.2012 and after completing one year training period successfully passed the examination. A final seniority list dated 4.5.2016 has been issued regarding the Assistant Engineer (Mech.). In the said seniority list, Assistant Engineer (Mech.) promoted from the post of Junior Engineer (Mech.) have been assigned seniority from serial numbers 1502 to 1523.

6. From the said seniority list, it is clear that the seniority of direct recruitee Assistant Engineer (Mech.) appointed against the appointment of the year 2007 have been determined on the b