By the Court.—Heard Mr. V.K. Singh, learned Senior Advocate assisted by Mr. Santosh Kumar Yadav ‘Warsi’, learned Counsel for the petitioner and Mr. Pankaj Nath, learned Additional Chief Standing Counsel for the State.

2. The petitioner, who is said to be working as Executive Engineer in the Department of Minor Irrigation, Government of U.P., has approached this Court under Article 226 of the Constitution of India, with the following reliefs :

i. Issue a writ, order or direction in the nature of the certiorari quashing the impugned orders/instructions/directions dated 1.2.2018 and 2.2.2018 issued by the opposite party No. 1, after a summoning from its custodian.

ii. Issue a writ, order or direction in the nature of the certiorari quashing the consequential impugned order/instruction/direction vide letter dated 7.2.2018 issued by the opposite party No. 2 pursuant to the direction issued by the opposite party No. 1 vide letters dated 1.2.2018 and 2.2.2018.

iii. Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the respondents/opposite parties not to take any coercive/punitive measure against the petitioner till the conclusion of the process started for consideration of promotion of the petitioner on the post of Superintendent Engineer Minor Irrigation Department in compliance of judgment and order dated 21.9.2017 passed by this Hon’ble Court in the writ petition No. 22956 (S/B) of 2017 filed by the petitioner.

iv. Issue any other writ order or direction in favour of the petitioner which this Hon’ble High Court may deem fit just and proper under the circumstances of this case in favour of the petitioner.

v. Allow the instant writ petition with appropriate costs in the interests of justice.

3. Shorn off unnecessary details the facts of the case are as under :

According to the petitioner, he is posted as Executive Engineer in the department of Minor Irrigation Government of U.P. since 23.7.2012. In the department of Minor Irrigation, State Government had sanctioned 12 posts of Superintending Engineers and further due to retirement of five Superintending Engineers, namely, Shri Shiv Sharan Singh, Sri Rajendra, Sri Y.N. Dubey, Sri Firtu Ram and Sri Rajeev Kumar Mehtani, for the Selection Year 2016-2017 (1.7.2016 to 30.6.2017), five vacancies of Superintending Engineer have fallen vacant. These posts are to be filled up by way of promotions amongst the suitable and eligible Executive Engineers by the Departmental Promotion Committee.

4. In order to fill up the aforesaid five vacancies of the Superintending Engineers, a proposal for promotion against five vacancies of Superintending Engineers amongst the suitable eligible Executive Engineers was sent by the Chief Engineer, Minor Irrigation Department to the State Government in the month of July, 2016. In furtherance of the aforesaid proposal sent by the office of Chief Engineer, the Minor Irrigation Department had sought relaxation in qualifying service under U.P. Government Servants Relaxation in Qualifying Service for Promotion Rules, 2006 (In short, referred to as “Relaxation Rules”). In the month of September, 2016, the Karmik Department of the Government of U.P. has given its approval for the same, resultantly 15 incumbents have been found eligible for promotion on the post of Superintending Engineers. The petitioner was placed at serial No. 10 in the approved list.

5. According to the petitioner, despite having necessary approval from the Karmik Department, the State Government did not proceed to convene the Departmental Promotion Committee and belatedly, after receiving approval from the Karmik Department, the State Government, vide letter No. 2305 dated 10.1.2017, has sought modified/amended proposal from the office of Chief Engineer, Minor Irrigation Department.

6. It has been stated that pursuant to the letter dated 10.2.2017, the office of Chief Engineer has made available the amended proposal to the Government but no further